Terms of Use

These terms are the agreement between you and FENIX360. They cover the app, the website and everything you can do on them: the feed, live broadcasts, messaging, merchandise, events, your wallet and the FENIX360 digital assets you hold.

FENIX360 Pte. Ltd. (“FENIX360”, “we”, “us”) is a company incorporated in Singapore, with its registered office at #08-10A (Lobby B), 111 Somerset, Singapore 238164.

By creating an account, or by installing, copying or otherwise using FENIX360, you confirm that you have read these terms and agree to be bound by them. If you do not agree, do not use FENIX360.

Our Privacy and Data Protection Policy explains how we handle your personal data and forms part of this agreement. Some features have extra terms, for example an artist agreement or the rules for a specific competition or drop. Where those extra terms conflict with these ones, the extra terms apply to that feature.

You must be at least 16 to use FENIX360. Some countries set a higher minimum age, and where they do, that higher age applies to you. If you are under the minimum age for your country, you may not create an account or use the service.

You must also have the legal capacity to enter into this agreement, and you must not be barred from using the service under the laws of your country or under any sanctions regime that applies to us. If we have previously closed your account for breaking these terms, you may not create a new one.

Some features, in particular buying, selling, holding or transferring digital assets, are restricted in some countries and may not be available to you.

To sign up you give us a display name, an email address and a password. Keep your details accurate and up to date, and keep your password to yourself. You are responsible for what happens under your account, so tell us straight away at hello@fenix360.com if you think someone else has access to it.

Your account is personal to you. Do not sell it, rent it, share it or transfer it to anyone else. Do not impersonate another person, artist or business, and do not run automated or bulk accounts.

You can close your account at any time in Settings. Closing it ends this agreement for you, apart from the sections that are meant to survive it, which are set out in section 25.

We grant you a personal, non-exclusive, non-transferable, revocable licence to use FENIX360 for your own non-commercial use, on devices you own or control, subject to these terms. Artists and their teams get an additional licence, set out in section 6.

You may not:

• modify, adapt, translate, reverse engineer, decompile, disassemble or create derivative works from FENIX360, except to the extent the law says you may despite this restriction;
• remove, alter or obscure any copyright, trademark or other proprietary notice;
• share, distribute, sublicense, rent or lease FENIX360 to anyone else without our written consent;
• scrape, crawl, harvest or bulk download content, accounts or data, or use any automated system to access the service except a search engine following our published rules;
• circumvent rate limits, paywalls, geographic restrictions, age gates or any security measure;
• interfere with the operation of the service, or place unreasonable load on it;
• use FENIX360 in any way that breaks the law.

FENIX360, its software, design, trademarks and everything else we make available are protected by intellectual property law and international treaties. We keep all rights, title and interest in them. Nothing in these terms transfers any of that to you.

You keep ownership of everything you post: your photos, video, audio, text, comments and live broadcasts. We do not claim ownership of any of it.

By posting content on FENIX360 you grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable licence to host, store, reproduce, adapt, format, publish, publicly perform, publicly display and distribute that content for the purpose of operating, improving and promoting FENIX360. The licence includes making the technical copies and format changes needed to deliver your content across devices and connection speeds.

This licence lasts as long as your content is on the service, and it ends within a reasonable period after you delete the content or close your account. Two things outlast it: copies already shared by other people or embedded in a saved broadcast, and copies we must keep for legal or safety reasons.

You promise that you own or have the rights to everything you post, that posting it does not break the law or anyone else’s rights, and that it complies with section 7.

We do not have to host, keep or display any particular piece of content, and we may remove it under section 17.

If you use FENIX360 as an artist, label, manager or promoter, this section applies to you in addition to the rest of these terms.

We grant you a limited, non-exclusive, non-transferable, revocable licence to use FENIX360 to create, share, sell and distribute your work, to run an artist page, to broadcast, to sell merchandise and to sell tickets to your events.

You keep ownership of your original work. By using FENIX360 you grant us a worldwide, non-exclusive, royalty-free licence to use, reproduce, modify, adapt, publicly display and distribute it for the purpose of operating and promoting the FENIX360 platform, including in editorial features, recommendations, in-app promotion and marketing of the service.

You confirm that you hold all the rights needed for what you post and sell, including rights in recordings, compositions, artwork, images of people appearing in your content, and the trademarks used on your merchandise. You are responsible for paying any royalties, mechanical licences, performance fees or sample clearances your content requires.

You must not use FENIX360 to create or share anything that infringes someone else’s intellectual property. Where an infringement claim is made, we may remove or disable access to the content promptly, and we operate the notice and takedown process in section 16.

Commercial arrangements between you and FENIX360, including revenue shares, minimum guarantees and payout schedules, are set out in a separate artist agreement. Where that agreement conflicts with these terms, it takes priority for the artist relationship.

FENIX360 exists so artists and fans can meet each other. These are the things that ruin it. Do not post, send, broadcast or sell anything that:

• infringes anyone’s intellectual property, privacy or publicity rights;
• is explicit or illegal, including hate speech, incitement to violence, pornography or content that sexualises anyone under 18;
• harasses, bullies, threatens, stalks or targets any person or group;
• impersonates another person, artist or business, or misrepresents your affiliation with one;
• is spam, a scam, a pyramid or referral scheme, a fake giveaway or a phishing attempt;
• promotes self harm, disordered eating or suicide;
• contains malware, or is designed to compromise an account, device or system;
• manipulates engagement, streams, votes, rewards or token balances, whether by bots, coordinated accounts, exploits or paid engagement;
• breaks any applicable law, regulation or ethical standard.

Do not attempt to identify, dox or track another member, and do not collect information about other members beyond what the service is designed to show you.

You can report content and accounts from within the app. We look at every report, though we cannot promise a specific outcome or timescale for each one.

When you broadcast, everything in section 7 applies in real time, and you are responsible for what appears on your stream, including what other people say or do in front of your camera. You must hold the rights to any music, video or third party material you play or perform on stream.

We may interrupt, end or restrict a broadcast that breaks these terms, and we may do so without warning where the content is seriously harmful or unlawful.

A broadcast may be recorded and made available for replay where you or the broadcaster choose that option. Viewers may not record, restream or redistribute a broadcast without the broadcaster’s permission.

Tips, gifts and other payments sent during a stream are voluntary, are not refundable, and do not entitle you to any particular treatment, response or content from the broadcaster.

Direct messages are for genuine conversation. Do not use them for bulk or unsolicited promotion, and do not use them to harass anyone. Messages sent to an artist may be read by their team rather than by the artist personally, and a reply is never guaranteed.

We may scan messages automatically for spam, fraud and safety threats, and we review reported messages. We explain how message data is handled in our Privacy and Data Protection Policy.

Merchandise on FENIX360 is sold by the artist, not by us. The artist is the seller, the artist makes and ships the order, and the contract of sale is between you and the artist. We provide the shop, take the payment and pass the order to them.

This means the artist is responsible for product descriptions, stock, quality, safety, packaging, delivery times, customs and duties, cancellations, returns and refunds. Any consumer rights you have in respect of a purchase are exercised against the artist as the seller. Contact them first through the order screen in the app.

To fulfil your order we pass the artist the delivery name, address, contact detail and order detail they need. Our Privacy and Data Protection Policy explains what they may do with that information.

We will help where we reasonably can. If an artist stops responding, or an order goes badly wrong, contact us and we will try to resolve it, including by reversing a payment where that is appropriate. That is a service we choose to provide and not an assumption of the artist’s obligations as seller.

Prices are shown in the currency displayed at checkout and may exclude taxes, shipping and import charges, which are shown before you confirm. If we introduce third party print or fulfilment providers in the future, we will update these terms before any order is handled that way.

Tickets sold through FENIX360 are sold by the artist, promoter or venue running the event. They set the price, the entry conditions, the age limits and the refund policy, and they are responsible for putting the event on.

If an event is cancelled, rescheduled or materially changed, the organiser’s refund policy applies. Booking fees may not be refundable. Tickets are for personal use, and you may not resell them above face value where the organiser or local law forbids it.

A ticket may be invalidated if it was obtained fraudulently, transferred against the organiser’s rules, or bought with a payment that was later reversed.

Payments are handled by our payment providers. We do not store your full card details. By paying you confirm you are entitled to use the payment method.

Where a payment fails, is reversed or is charged back, we may suspend the related order, ticket, reward or balance until it is resolved, and we may recover what is owed from other balances you hold with us.

Prices include or exclude tax as stated at checkout. You are responsible for any tax that applies to you personally as a result of what you buy, earn or receive on FENIX360, including on rewards and digital assets. We do not give tax advice.

Some features may be offered on a subscription. Subscriptions renew automatically at the interval shown until you cancel, and you cancel through the app store or account setting you used to subscribe.

Your FENIX360 wallet holds digital assets and rewards you earn or acquire on the platform. This section governs how they work. It is not an offer of any investment.

• Two kinds of record. Not every transaction is settled on a blockchain. Smaller movements, including engagement rewards and balance changes inside the app, are recorded only in our own systems. Others are settled on a public blockchain and become permanent and publicly visible once confirmed.
• No ownership or equity. Holding a FENIX360 digital asset gives you no shareholding, no dividend, no profit share, no voting right and no claim on FENIX360 or its assets, unless a separate written agreement says otherwise.
• No promise of value or liquidity. We do not promise that any digital asset will have, keep or gain value, or that a market to sell it will exist. Digital assets can lose all of their value.
• Restrictions may apply. Transfers, sales and conversions may be limited, suspended or subject to a lock-up, whether for regulatory reasons, market conditions or platform integrity. Availability differs by country.
• Rewards can change. Reward rates, earning rules, eligibility and expiry can be varied or discontinued. Rewards have no cash value except where we expressly say so, and we may reverse or cancel balances obtained through fraud, error, exploit or manipulated engagement.
• Irreversible transactions. A transaction settled on a blockchain cannot be undone by us or by anyone else. Check addresses and amounts before you confirm.
• Your credentials. If you use a wallet you control, keep the recovery phrase safe. We cannot recover it, and losing it may mean losing access permanently. Nobody at FENIX360 will ever ask you for it.
• Verification. We may require identity verification before you can hold, transfer or convert digital assets, and we may refuse, delay or reverse a transaction to comply with financial regulation or sanctions.

Nothing on FENIX360 is financial, investment, legal or tax advice, and nothing here is a recommendation to acquire any digital asset. Take your own advice before you do.

Where you earn money on FENIX360, from merchandise, tickets, tips, subscriptions or advertising, we calculate it under the rates in your artist agreement and pay it on the schedule set out there.

Payouts are made once your balance clears the minimum threshold and once any verification, tax and bank details we need are complete. We may withhold or delay a payout where an order is disputed, a chargeback is pending, a rights claim is open, or we suspect fraud or engagement manipulation.

You are responsible for your own tax, and for any withholding your country requires. Where the law requires us to withhold, we will, and we will tell you.

Parts of FENIX360, including artist pages and the feed, carry advertising. We decide what advertising formats appear and where, and we may change that at any time.

An advertisement appearing next to an artist’s content is not an endorsement by that artist, and an advertisement is not an endorsement by us. Any dealing you have with an advertiser is between you and them.

Do not disguise paid promotion as ordinary content. If a post, stream or story is sponsored, label it, and follow the disclosure rules that apply in your country.

We respect intellectual property rights and expect our members to do the same.

If you believe content on FENIX360 infringes your rights, send us a notice at hello@fenix360.com that includes: your contact details, identification of the work you say has been infringed, the location of the content on FENIX360, a statement that you believe in good faith that the use is not authorised, a statement that the information in the notice is accurate, and confirmation that you are the rights holder or authorised to act for them.

We will review the notice and may remove or disable access to the content while we do. We will tell the person who posted it, and they may respond. If a counter notice shows the content was removed in error, we may restore it.

We close the accounts of repeat infringers. Sending a notice that misrepresents the position may make you liable for the resulting loss.

We may remove content, limit its distribution, restrict a feature, suspend an account or close it, where we reasonably believe these terms have been broken, where the law requires it, or where doing so protects our members from harm.

Where it is practical and lawful to do so, we will tell you what happened and why, and you can appeal through the app. Where the breach is serious, for example content that is unlawful or presents a risk to someone’s safety, we may act immediately and without notice.

If we close your account for a breach, you lose access to the content, purchases, rewards and balances associated with it, except where the law or a separate agreement gives you a right to them. This agreement continues to apply until it is terminated, and terminates when your account is closed by either of us.

On termination you must stop using FENIX360 and, where you have installed the software, delete the copies you hold.

FENIX360 links to and works with services we do not control, including social platforms, payment providers, wallet providers, blockchain networks and artists’ own stores and sites. Their terms and their privacy policies apply to what you do there, and we are not responsible for them.

If you connect a third party account to FENIX360, you authorise us to exchange the data needed to make that connection work, and you can disconnect it at any time in Settings.

If you downloaded FENIX360 from the Apple App Store, the following applies. This agreement is between you and FENIX360 only, not with Apple, and FENIX360 alone is responsible for the app and its content. Apple has no obligation to provide maintenance or support. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation in respect of the app. Apple is not responsible for addressing any claim by you or a third party relating to the app, including product liability, regulatory compliance and intellectual property claims. You confirm you are not located in a country subject to a United States Government embargo or designated as a terrorist supporting country, and that you are not on any United States Government list of prohibited or restricted parties. Apple and its subsidiaries are third party beneficiaries of this agreement and may enforce it against you.

If you downloaded FENIX360 from Google Play, the Google Play Terms of Service apply to that download in addition to these terms.

You must also comply with the terms of any third party service on which you use the app, including the usage rules of the relevant app store.

You agree to indemnify FENIX360 and its officers, employees and agents against any claim, loss, liability, cost or expense, including reasonable legal fees, arising from content you post, from your breach of these terms or of any law, or from your infringement of someone else’s rights. This does not apply to the extent the claim results from our own breach or negligence.

We develop FENIX360 continuously, so features may be added, changed, restricted or withdrawn. Where a change materially reduces what you get, we will tell you in advance where we reasonably can.

We may also update these terms. When we do, we show the new version when you next open the app and publish it on our website, and where the change is significant we tell you by email or push notification before it takes effect. Continuing to use FENIX360 after that means you accept the new terms. If you do not accept them, close your account.

These terms are governed by and construed in accordance with the laws of Singapore. Any dispute arising under or in connection with them is subject to the exclusive jurisdiction of the courts of Singapore.

If you are a consumer resident in a country whose law gives you the protection of its own courts or mandatory local rules, this section does not take those rights away from you.

Before starting formal proceedings, please contact us. Most disputes are settled faster and more cheaply by talking first.

These terms, together with the Privacy and Data Protection Policy and any feature specific terms, are the entire agreement between you and FENIX360 about the service, and they replace all earlier communications, proposals and representations, including the End-User Licence Agreement previously published for the FENIX360 software.

If any part of these terms is found to be unenforceable, the rest continues to apply. If we do not enforce a right straight away, we do not lose it. You may not assign or transfer your rights under these terms; we may assign ours to a group company or in connection with a sale or reorganisation of our business, provided your rights are not reduced.

Sections 5, 12, 14, 16, 17, 20, 21, 22, 24 and 25 continue to apply after this agreement ends.

Nothing in these terms creates a partnership, employment, agency or joint venture between you and FENIX360, and there are no third party beneficiaries other than those named in section 19.

Questions about these terms are welcome.

• By email: hello@fenix360.com
• By post: FENIX360 Pte. Ltd., #08-10A (Lobby B), 111 Somerset, Singapore 238164