Terms of Service
Last updated: June 22, 2026
These Terms are a binding agreement between you and Vivus Tech LLC, a California limited liability company ("Vivus," "we," or "us"). By using the service, you agree to these Terms.
Acceptable use
You agree not to misuse the service, attempt unauthorized access, or violate applicable laws.
If you use Release Ledger to send or direct fan communications, you must also follow our Messaging Acceptable Use Policy.
Artist-directed messaging
When you use Release Ledger to send, schedule, configure, or direct email, SMS, WhatsApp, or similar fan communications, you represent and warrant that you have all consents, permissions, rights, notices, and legal bases required for each recipient, channel, message type, and territory. You are responsible for the accuracy of your recipient lists, consent records, message content, campaign settings, sender identity, and compliance instructions.
You agree to comply with applicable communications, consumer-protection, privacy, carrier, and platform rules, including opt-in, opt-out, unsubscribe, quiet-hours, sender-identification, and recordkeeping requirements. You also agree not to upload or use purchased, scraped, rented, or otherwise unauthorized lists.
To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Vivus and its affiliates from claims, losses, liabilities, penalties, damages, costs, and expenses arising from fan communications that you provide, direct, approve, or cause to be sent through the service, including claims involving consent, message content, recipient targeting, opt-out handling, or your violation of the Messaging Acceptable Use Policy.
SMS messaging program
The Release Ledger SMS program lets fans receive marketing updates from a participating music artist. If you opt in to an artist's SMS updates — either through a Release Ledger Fan Hub signup page or by texting the artist's published keyword (JOIN or one the artist has chosen) to their number and replying YES to confirm — you agree to receive recurring automated marketing text messages from that artist via Release Ledger at the number you provide. Consent is not a condition of accessing the Fan Hub or of any purchase. Message frequency varies and message and data rates may apply. Reply STOP to unsubscribe or HELP for help. For help you can also contact contact@releaseledger.com. How we handle the information you provide for SMS is described in our Privacy Policy.
Fan Messaging
Sender Model
Release Ledger enables you to send emails and text messages to fans who have opted in ("Fan Broadcasts"). These messages are sent on your behalf using our shared messaging infrastructure (Resend for email; Twilio for SMS). You are the sender of record and you are responsible for the content, audience, timing, and legal compliance of every Fan Broadcast you initiate or approve. Vivus acts solely as your messaging service provider; it does not independently select recipients, draft content, or initiate sends without your instruction.
Consent Warranty
By sending or approving any Fan Broadcast, you represent and warrant that:
- Each recipient has provided the lawful consent required for that message type and channel under applicable law (including, without limitation, prior express written consent under the TCPA for marketing SMS; affirmative opt-in for marketing email under CAN-SPAM and CASL; consent under UK GDPR / EU GDPR for recipients in the UK and EEA; and consent under Australia's Spam Act 2003 for Australian recipients);
- No recipient is on your suppression, opt-out, or unsubscribe list at the time of sending;
- You have not obtained contact information from purchased, rented, harvested, or scraped sources;
- Your Fan Broadcasts comply with our Messaging Acceptable-Use Policy and all applicable laws.
These representations are made at the time of each send and are a material condition of your right to use Release Ledger's messaging features.
Compliance Certification
Before sending your first Fan Broadcast on any channel, you must complete a compliance certification confirming that you have read, understood, and agree to our Messaging Acceptable-Use Policy and the consent requirements described above. This certification is recorded and associated with your account.
Fan Messaging Indemnity
You agree to indemnify, defend, and hold harmless Vivus Tech LLC and its officers, directors, employees, contractors, and agents from and against any and all claims, demands, actions, damages, losses, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- any Fan Broadcast you send or approve, including the content, audience selection, frequency, timing, and channel;
- your failure to obtain, maintain, or honor lawful consent or opt-out requests for any recipient;
- your violation of applicable communications law, including without limitation the TCPA, CAN-SPAM Act, CASL, UK GDPR, EU GDPR, or Australia's Spam Act 2003;
- any third-party claim that your Fan Broadcast was unauthorized, unlawful, or caused harm to the recipient; or
- our remediation of carrier filtering, account suspension, or regulatory inquiry caused by your messaging activity.
This indemnity survives termination of your account. It does not limit any other remedies available to Vivus under these Terms or applicable law.
Enforcement
Vivus may suspend or permanently revoke your messaging access, or terminate your account, at any time if we determine in our reasonable judgment that your messaging activity violates this section, our Messaging Acceptable-Use Policy, or applicable law, or creates material regulatory or carrier risk for our platform. We are not required to provide advance notice when the risk is imminent or where notice would not reduce harm.
AI-Generated Content
Accuracy and limitations
Release Ledger includes features that use artificial intelligence to generate text, suggestions, and other content ("AI Outputs"). AI Outputs are produced by automated systems and may contain errors, inaccuracies, omissions, or outdated information. We make no warranty — express or implied — regarding the accuracy, completeness, reliability, or fitness of any AI Output for any particular purpose.
Not professional advice
AI Outputs are provided for general informational and productivity purposes only. Nothing in any AI Output constitutes legal, financial, tax, accounting, investment, medical, or other professional advice. You should not rely on AI Outputs as a substitute for professional judgment. Consult a qualified professional before making decisions based on AI-generated content.
Your responsibility
You are solely responsible for reviewing, verifying, and editing AI Outputs before using, publishing, distributing, or acting on them. AI Outputs that you use are deemed to be your own content, subject to your review and approval, and Vivus assumes no responsibility for consequences arising from your use of AI Outputs without adequate review.
Ownership of AI Outputs
Vivus does not claim ownership of the final, user-edited content you produce using AI features. As between you and Vivus, you own the output you finalize and publish. However, by using AI features you grant Vivus a limited, non-exclusive, royalty-free license to process your inputs and generate outputs solely to operate and improve the service, subject to our Privacy Policy.
AI-generated label
When Release Ledger generates draft content for public-facing materials — such as artist biographies, press descriptions, or ad copy — the interface will indicate that the content is AI-generated. You are responsible for disclosing the AI-assisted origin of any content you publish where applicable law or platform policy requires such disclosure.
Accounts and security
You are responsible for keeping account access secure and notifying us of suspected compromise.
License to use the service
Subject to these Terms and your payment of any applicable fees, Vivus grants you a limited, non-exclusive, non-transferable, revocable license to access and use Release Ledger solely for your personal or internal business purposes of managing and promoting your music and artist brand. You may not sublicense, sell, resell, transfer, or assign your access or rights in the service to any third party. All rights not expressly granted to you are reserved by Vivus.
Your content
What you own
You retain all rights, title, and interest in and to the audio files, images, artist bios, links, and other materials you upload or submit to the service ("Your Content"). Vivus does not claim ownership of Your Content.
License you grant to Vivus
By uploading or submitting Your Content, you grant Vivus a worldwide, royalty-free, non-exclusive license to host, store, process, reproduce, display, distribute, and make available Your Content to the extent necessary to operate and provide the service — including publishing Your Content on public-facing surfaces such as Fan Hub pages, EPK pages, and other distribution or promotional features you enable. This license is limited to operating and improving the service and ends when you delete the relevant content or close your account, subject to reasonable technical delays and backup retention periods.
Your representations
You represent and warrant that:
- you own or have all necessary rights and permissions to upload Your Content and to grant Vivus the license above;
- Your Content does not infringe the copyright, trademark, privacy, publicity, or other intellectual property or proprietary rights of any third party; and
- you have obtained all necessary consents to include any third-party names, likenesses, music, or other protected material in Your Content.
Prohibited content
You may not upload or submit content that:
- infringes, misappropriates, or violates any third-party intellectual property or proprietary rights;
- violates any applicable law or regulation, including export control, obscenity, or child protection laws;
- is defamatory, harassing, threatening, or abusive toward any person;
- contains malware, viruses, or other harmful code or files; or
- you do not have the right to upload or license.
Vivus reserves the right to remove or disable access to any content that violates these Terms, without notice and at our sole discretion.
Intellectual property
The service and all of its components — including software, design, text, graphics, logos, trademarks, trade names, user interfaces, and compilations of data (collectively, "Vivus IP") — are owned by or licensed to Vivus and are protected by copyright, trademark, and other applicable intellectual-property laws. No provision of these Terms transfers to you any ownership interest in the Vivus IP. You may not copy, modify, distribute, publicly perform or display, reverse-engineer, decompile, or create derivative works based on any Vivus IP except as expressly authorized in writing by Vivus.
User content and indemnity
You are responsible for the content, data, audience lists, campaign instructions, messages, and other materials that you upload, import, submit, publish, schedule, approve, direct, or send through Release Ledger, including user-generated content and fan communications you ask the service to help manage.
To the fullest extent permitted by law, you will defend, indemnify, and hold harmless Vivus, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against claims, demands, losses, liabilities, damages, penalties, costs, and expenses, including reasonable attorneys' fees, arising from or related to your content, your user-directed fan communications, your breach of these Terms, your violation of law, or your misuse of the service. We may control the defense of any matter subject to indemnification, and you may not settle a claim in a way that imposes obligations on Vivus without our prior written consent.
Warranty disclaimers
Release Ledger is provided on an "as is" and "as available" basis, with all faults and without warranties of any kind, whether express, implied, statutory, or otherwise. To the maximum extent permitted by law, Vivus disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, availability, security, compatibility, and course of dealing or usage of trade.
Vivus does not warrant that the service will be uninterrupted, error-free, secure, or free of harmful components; that integrations, automations, recommendations, forecasts, or generated outputs will be complete, current, or accurate; or that any data will be preserved without loss. You are responsible for reviewing outputs, maintaining appropriate backups, and deciding whether Release Ledger is suitable for your intended use.
Non-excludable rights
Some laws do not allow certain warranties, guarantees, rights, remedies, liabilities, or obligations to be excluded, restricted, or modified. Nothing in these Terms excludes, restricts, or modifies any right, remedy, guarantee, warranty, liability, or obligation that cannot lawfully be excluded, restricted, or modified, including rights available to consumers in the European Union, United Kingdom, and Australia.
For users in the United Kingdom, nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law. For users in Australia, the service may come with guarantees under the Australian Consumer Law that cannot be excluded. Where Vivus may lawfully limit a remedy for breach of a non-excludable guarantee, Vivus limits that remedy to the maximum extent permitted by law.
Limitation of liability
To the fullest extent permitted by law, Vivus and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for lost profits, lost revenue, lost goodwill, lost data, business interruption, reputational harm, or the cost of substitute services, even if advised of the possibility of those damages and regardless of the theory of liability.
To the fullest extent permitted by law, the total aggregate liability of Vivus and its affiliates, officers, directors, employees, contractors, agents, licensors, and service providers for all claims arising out of or relating to the service or these Terms will not exceed the greater of the amounts you paid to Vivus for the service during the twelve months before the event giving rise to the claim or US$100. This cap applies across all claims and legal theories, including contract, tort, negligence, strict liability, statute, and equity, except where applicable law requires a different result.
Suspension and termination
You may stop using Release Ledger at any time, and paid subscriptions may be cancelled according to the applicable order, plan, or billing terms. We may suspend or terminate access to all or part of the service if we reasonably believe you have breached these Terms, created legal, security, compliance, payment, or operational risk, used the service unlawfully, or if continuing to provide the service is no longer practical or commercially reasonable.
After suspension or termination, your right to use the affected service ends immediately. Vivus may retain, export, or delete account data as described in the Privacy Policy, applicable law, and any written agreement that applies to your subscription. Provisions that by their nature should survive will survive suspension or termination, including payment obligations, ownership rights, warranty disclaimers, limitations of liability, indemnity obligations, dispute-related terms, and governing law.
Changes to these Terms
We may update these Terms from time to time. If a change is material, we will provide reasonable notice, such as by posting the updated Terms in the service, updating the date above, or sending notice through account or billing channels. Changes will take effect on the stated effective date or, if no date is stated, when posted. Your continued use of Release Ledger after the effective date means you accept the updated Terms. If you do not agree to the updated Terms, you must stop using the service before the changes take effect.
Dispute resolution
Informal resolution
Before filing any claim against Vivus, you agree to contact us at contact@releaseledger.com and attempt to resolve the dispute informally for at least thirty (30) days. If the parties cannot resolve the dispute informally, either party may initiate the processes described below.
Binding arbitration (United States users)
Please read this section carefully — it affects your legal rights.
If you are located in the United States, you and Vivus agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including questions about the existence, validity, or scope of this arbitration agreement — will be resolved exclusively through binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures (for claims under $250,000) or its Comprehensive Arbitration Rules and Procedures (for claims at or above $250,000), except as stated below. Judgment on any arbitration award may be entered in any court with jurisdiction to do so. This agreement to arbitrate applies regardless of whether the claim is brought as a contract claim, tort claim, statutory claim, or any other theory.
The arbitration will be conducted in Los Angeles County, California, or by video conference if both parties consent. The arbitrator may award any relief that a court could award, including injunctive relief limited to the parties.
Fees and costs: Vivus will pay all JAMS filing, administrative, and arbitrator fees for claims that do not exceed $10,000 in value, unless the arbitrator determines that your claim is frivolous. For claims that exceed $10,000, JAMS fee allocation rules apply.
Small claims court:Either party may elect to bring an individual claim in small claims court in the county of the claimant's residence, provided the claim qualifies for that court's jurisdiction and the claim remains in small claims court.
Intellectual property and equitable relief: Notwithstanding the foregoing, either party may seek emergency, preliminary, or permanent injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information pending resolution by an arbitrator.
30-day opt-out right (United States users)
You may opt out of the arbitration agreement above by sending written notice to contact@releaseledger.com within thirty (30) days of the date you first accepted these Terms (or, if these Terms are updated, within thirty (30) days of receiving notice of the update). Your opt-out notice must include your full name, your account email address, and a clear statement that you opt out of this arbitration agreement. Opting out does not affect any other provision of these Terms. If you opt out, any dispute will be resolved in the courts described in “Governing law and venue” below.
Class-action waiver
To the maximum extent permitted by applicable law, you and Vivus each waive any right to pursue any dispute as a class, collective, coordinated, or representative action — that is, to join a claim with the claim of any other person or entity, or to assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding. If a court or arbitrator finds this class-action waiver unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), the parties agree that such claim or request shall be severed from the arbitration and may be litigated in court. The class-action waiver shall otherwise remain in full force.
EU, UK, and Australia — mandatory consumer rights
European Union and EEA: If you are a consumer located in the EU or EEA, nothing in this dispute-resolution section removes or limits your right to bring a claim before the courts of your country of residence, or to benefit from mandatory consumer protection provisions of the law of your country of residence. The arbitration agreement and class-action waiver above do not apply to you to the extent they would conflict with those mandatory rights.
United Kingdom: If you are a consumer located in the UK, the arbitration agreement and class-action waiver above do not apply to you where they would conflict with your mandatory consumer rights under UK law, including rights under the Consumer Rights Act 2015.
Australia: Nothing in this dispute-resolution section removes or limits any right or remedy you may have under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Where the Australian Consumer Law applies, any arbitration or class-action waiver that would override your statutory rights is of no effect.
Governing law and venue
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. For any dispute not subject to the arbitration agreement above (including disputes where you have opted out, disputes in small claims court, and disputes by EU, UK, or Australian consumers exercising their mandatory consumer-forum rights), you and Vivus consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Los Angeles County, California.
Contact
Questions about these Terms: contact@releaseledger.com. Mailing address: Vivus Tech LLC, 2108 N St #15874, Sacramento, CA 95816.