These Terms of Service ("Terms") govern your use of the website at getfrqncy.com (the "Site") and the services provided by Light Cave Entertainment LLC, doing business as Frequency ("Frequency," "we," "us," or "our"). By using the Site or engaging our services, you agree to these Terms.
Frequency is an artist distribution network. We operate and coordinate networks of dedicated social media accounts that distribute short-form content featuring our clients' music and catalogues. Services include account network operation, content formatting and posting cadence, campaign reporting, and related distribution services (together, the "Services"). Specific engagements are governed by a separate written agreement or statement of work between Frequency and the client (a "Client Agreement"). If these Terms conflict with a Client Agreement, the Client Agreement controls for that engagement.
You must be at least 18 years old and able to form a binding contract to use the Services. If you engage us on behalf of a label, management company, artist, or other entity, you represent that you are authorized to bind that entity.
If you provide music, recordings, artwork, video, or other materials ("Client Content"), you represent and warrant that you own or control all rights necessary for us to distribute that content as contemplated by the Services, including master recording and publishing rights, and that our use as authorized will not infringe any third party's rights. You grant Frequency a non-exclusive, worldwide license to reproduce, edit for format and length, distribute, and publicly perform/display Client Content on social media platforms solely to provide the Services.
The Services operate on third-party platforms (such as TikTok, Instagram, and YouTube Shorts). Those platforms have their own terms, algorithms, and enforcement discretion. We do not control and are not responsible for platform actions, including content removal, account suspension, reach changes, or policy updates. We run the networks in good faith and in line with platform rules as we understand them, but we cannot guarantee any specific reach, view count, chart position, or commercial outcome.
Fees for the Services are set out in the applicable Client Agreement. Pricing is provided on request and is not published on the Site.
The Site, the Frequency name and marks, our network infrastructure, processes, and reporting formats are the property of Frequency or its licensors. Client Content remains the client's property. Nothing in these Terms transfers ownership of either.
Unless you opt out in writing, by engaging the Services you grant Frequency permission to use your company name, logo, and the names of the artists you represent as client references in Frequency's marketing, website, and sales materials, including client lists and case examples. References will be factual and limited to the fact and general nature of the engagement; we will not imply a client's endorsement of Frequency beyond the engagement itself, and no fees, deal terms, or campaign performance data will be published without separate written approval. You may opt out at any time by written notice to frequency@lightcave.com, and we will stop creating new references and remove existing ones within a reasonable time.
THE SITE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL PRODUCE ANY PARTICULAR MARKETING, STREAMING, OR REVENUE RESULT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FREQUENCY WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, OR LOST DATA, ARISING OUT OF OR RELATED TO THE SITE OR SERVICES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SITE OR SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE (OR, FOR SITE-ONLY USE, ONE HUNDRED DOLLARS).
You agree to indemnify and hold Frequency harmless from claims, damages, and expenses (including reasonable attorneys' fees) arising from Client Content you provide, your breach of these Terms, or your violation of any law or third-party right.
We may suspend or end access to the Site at any time. Service engagements end as provided in the applicable Client Agreement. Sections that by their nature should survive (including Sections 3, 6, 9, 10, and 11) survive termination.
These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-laws rules. Any dispute will be brought in the state or federal courts located in [COUNTY/STATE], and the parties consent to that jurisdiction. [To be confirmed with counsel — depends on the LLC's formation state.]
We may update these Terms from time to time. The "Last updated" date above shows the current version. Continued use of the Site or Services after an update means you accept the revised Terms.
Questions about these Terms: frequency@lightcave.com.