Last updated: April 2024
These Terms and Conditions ("Terms") govern the use of sesh (also referred to as the “App”), including sesh features and functionalities such as Communities, Sessions, APIs and Streaming Parties (“Services”), by Artists (as defined in Section 1 below).
PLEASE READ THESE TERMS CAREFULLY BEFORE CLICKING ON THE ACCEPT BUTTON AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, YOUR DATA PROTECTION OBLIGATIONS.
If any provision of these Terms is determined by a court to be unlawful, void, or for any reason unenforceable, then that provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
This document has been drafted in English and is provided to Artists in different languages, based on their geographic location. In the event of disputes or litigation, all versions shall be deemed authentic, but for legal purposes the text in English is to be given priority of interpretation.
By assenting to these Terms, you agree to be legally bound by these Terms, which will constitute a contract between you and COLKIE TECHNOLOGY S.L., with Company Number B05387345 and registered office at Calle General Asensio Cabanillas 27, 28003 - Madrid ("COLKIE", “we”, “us” or “our”). Our User Terms and Conditions of Use and Community Guidelines forms part of this Terms and you agree to them when accepting these Terms.
The individual, company or other legal entity accepting these Terms on behalf of you, represents and warrants that he or she has full authority to bind you to this Terms.
If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
IF YOU DO NOT AGREE TO OR CANNOT COMPLY WITH ALL THE TERMS - OR IF THE INDIVIDUAL ACCEPTING THESE TERMS ON BEHALF OF YOU DOES NOT HAVE AUTHORITY TO BIND YOU -, THEN YOU WILL NOT BE AUTHORIZED TO ACCESS OR USE YOUR ARTIST ACCOUNT AS WELL AS YOUR COMMUNITY IN SESH.
THESE TERMS ARE BINDING AS OF THE DATE THAT YOU ACCEPT THEM.
sesh is operated by COLKIE. To contact us with any questions about the use of sesh, please email us at support@joinsesh.app . If you are unable to contact us by email, please write to us at the following address: C / General Asensio Cabanillas 27, 28003, Madrid, Spain.
4.1 Artist Account application requirements
In order to get an Artist Account, you must first create a User Account on sesh.
To convert your User Account into an Artist Account, you need to submit your application for an Artist Account on our Artist Registration Page. We will require you to provide us your name, email address and link to your Spotify Account.
When you submit an application for an Artist Account, you confirm that the information which you submit to us is truthful, accurate and complete and that the Spotify Account belongs to you. You also confirm that your User Account was not terminated or suspended by us because you violated User Terms and Conditions of Use and Community Guidelines or any other terms or policies.
You will be allowed to have only one Artist Account on sesh. However, if we block your original Artist Account because someone unlawfully took it over, you can submit an application for a new Artist Account for yourself.
4.2 Verification
We will verify that you are the individual requesting an Artist Account. We may require to you to provide additional information about your career, among others:
4.3 Rejected applications
Your application may be rejected for the following reason(s):
If you do not meet the above requirements, If there’s a good reason to believe that the information you provide is incomplete or incorrect, or if you don’t cooperate with our requests, we may reject your application.
4.4 Creation of your Community
Once the verification process is completed, we will create a Community in sesh for you. Within the Community assigned to you, you will be able to share Artist Content with your Fans.
Please note that COLKIE will grant to you a unique access to an external platform in which you will be able to access and process, jointly with us, Fans personal data.
You agree you will not misuse the app or the Services. You agree you will not:
You also may not do any of the following while accessing or using the app:
It is also a violation of these Terms to facilitate or assist others in violating these Terms, including by distributing products or services that enable or encourage violation of these Terms.
Artist Content shall not be considered in any case confidential. You authorize Fans belonging to your Community to access and view your Artist Content for their own lawful and personal use, and/or in accordance with any other licenses that you eventually grant to them.
6.1 Warranties
You warrant (which means that you make a legally enforceable promise to us) that:
You agree that you will be liable to us and indemnify us if any of the warranties is untrue. This means you will be responsible for any loss or damage (including loss of profit) we may suffer as a result of any of the warranties being untrue.
We are not responsible for and do not endorse any aspect of Artist Content posted by you on sesh. We do not have any obligation to monitor any Content and have no direct control over what your Artist Content may comprise.
6.2 Interactions with Fans
When interacting with Fans that have joined your Community, you must not upload, post, display, or publish Artist Content that:
6.3 Corrective Actions
We reserve the right, but we are not obligated, to moderate or review your Artist Content to verify compliance with these Terms and/or any applicable law. However, please note that we may decide to take any of the actions listed below if we determine that your Artist Content, and/or your Artist Account and/or activity on the App violates these Terms:
6.4 Blocking your Artist Account
We reserve the right to temporarily block your Artist Account in the following cases:
When we say that we “block” your Artist Account, we mean that, without needing to obtain any consent from you and without giving any prior notice to you, we will temporally disable access to your Artist Account. If we block your Artist Account, you may request a review of our decision by contacting us at support@joinsesh.app .
We will not be responsible for any loss suffered by you arising from the block of your Artist Account or any other steps which we take in good faith to investigate any suspected non-compliance or unlawfulness of your Artist Content.
6.5 Termination
We reserve the right in our sole discretion to terminate your Artist Account and definitively remove your Community, as well as the Artist Content published therein, without prior notice, in the following cases:
We can investigate any suspected or alleged misuse, abuse, or unlawful use of sesh and cooperate with law enforcement agencies or authorities in such investigation.
We can disclose any information or records in our possession or control about your use of sesh to law enforcement agencies or authorities in connection with any law enforcement investigation of any suspected or alleged illegal activity, to protect our rights or legal interests, or in response to legal process.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: Privacy, Content, Disclaimer, Limitation of Liability and Misuse of the Services. If you believe your Account was terminated in error you can send an email to support@joinsesh.app .
You confirm that you own all intellectual property rights in your Artist Content or that you have obtained all necessary rights to your Artist Content which are required to grant licenses in respect of your Artist Content to us in any territory in which sesh is accessible.
You agree to grant us a license under all your Artist Content to perform any act restricted by any intellectual property right (including copyright) in such Artist Content, for any purpose reasonably related to the provision and operation of sesh. Such acts include to reproduce, make available and communicate to the public, display, perform, distribute, translate, and create adaptations or derivative works of your Artist Content, and otherwise deal in your Artist Content. The license which you grant to us is perpetual, non-exclusive, worldwide, royalty-free, sublicensable, assignable and transferable by us.
We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the app and the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided on sesh, in the manner permitted by these Terms or applicable laws.
The App is protected by copyright, trademark, and other laws. Nothing in the Terms gives you a right to use sesh trademarks, logos, domain names, other distinctive brand features, and other proprietary rights, without our permission.
All right, title, and interest in and to the Services (excluding Artist Content and Fans Content) are and will remain our exclusive property.
9.1 Processing of Artist Data
In relation to the processing of your Artist Data under this Terms, the data controller under the General Data Protection Regulation (EU) 2016/679 (“GDPR”) is COLKIE TECHNOLOGY S.L., with Company Number B05387345 and registered office at Calle General Asensio Cabanillas 27, 28003 – Madrid.
We will process your Artist Data for the following purposes:
The legal basis is the performance of a contract (these Terms) which you are party or (Art. 6 of GDPR).
Your Artist Data will be kept for as long as the contractual relationship is maintained. Upon such period, we will keep your Artist Data blocked and prevented from being processed, except for the provision to the judges and courts, the Public Prosecutor's Office or the competent Public Administrations, in particular the data protection authorities, for the enforcement of possible liabilities arising from the processing and only during the statutory period of limitation.
We may share Artist Data with third-party service providers when such data is necessary for them to provide a service to us. We have a contract in place requiring these vendors to keep Artist Data confidential and not to use it other than in accordance with COLKIE specific instructions.
As data subject, you have the following rights regarding the processing of your Artist Data:
If you wish to exercise any of the aforementioned rights, you can at any time directly contact COLKIE by sending the appropriate request at the following addresses:
- Calle General Asensio Cabanillas 27, 28003 – Madrid.
- privacy@joinsesh.app
Finally, if you are concerned about the way we have processed your Artist Data, you may complain to the supervisory authority (Agencia Española de Protección de Datos www.aepd.es).
9.2 Processing of Fan Data
We will assign a Community to you and transfer Fan Data to you as part of the Services.
When you use the App and conduct processing activities involving Fan Data as data subjects, some of those data processing operations are carried out as joint controllers together with us in the sense of Art. 26 para. 1 sentence 1 of GDPR. Data processing activities carried out jointly carried out with us are described in our Privacy Policy.
By accepting these Terms, you agree to the responsibilities for compliance with the obligations set out within the “Joint Controllership Agreement” incorporated as an Annex to these Terms.
9.3 Other processing activities
You will be allowed to carry out other processing operations regarding Fan Data as independent data controller. You agree that such independent processing activities are not covered by these Terms and that you are solely responsible for compliance with GDPR and other data protection laws.
If required by applicable data protection or privacy laws, you must have a privacy policy in place and inform Fans.
Data processing activities carried out by us independently are described in our Privacy Policy.
Regarding U.S. fans, you will not collect, share or otherwise use the personal information/data of any User fan under the age of 16 without following the applicable federal or state laws in the United States regarding obtaining the consent of the fan and/or their parent or legal guardian.
9.4 Compliance with CPRA requirements
Pursuant to the CPRA and the final regulations enacted by the California Privacy Protection Agency (called "regulations”), the Parties agree as follows:
You may delete your Artist Account at any time and free of charge by using the Account Configuration section in the App.
Once your Artist Account and the Community assigned to you has been deleted, you will not have access to your former Artist Account, your Artist Content and Fan Data.
You will receive an email confirmation upon the successful deletion of your Artist Account.
Once your Artist Account has been deleted, we may deal with your Artist Content in any appropriate manner in accordance with these Terms and the Joint Controllership Agreement and you will no longer be entitled to access your Artist Content.
Your access to and use of your Artist Account, the App, the Services, the Fan Data or any Content are at your own risk. You understand and agree that the App and the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.
COLKIE make no warranty or representation and disclaim all responsibility and liability for:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM
We may change any part of these Terms from time to time. We will give you reasonable advance notice of such changes and the date that they will come into force.
The changes will only apply to our relationship going forward.
You may stop using the App before the changes take effect. Once any updated Terms are in effect, you will be bound by them if you continue to use sesh.
We may make urgent changes without telling you beforehand in the following circumstances:
These Terms are governed by Spanish Law.
In the event of any dispute, controversy, or claim arising out of or relating to this agreement, its interpretation, performance, breach, termination, or validity, the parties shall endeavor to resolve it amicably. If an amicable resolution is not achieved within a reasonable period, all disputes, controversies, or claims shall be submitted to the exclusive jurisdiction of the courts of Madrid (Spain), expressly waiving any other jurisdiction that may apply.
If you are resident in the EEA, you can also raise the dispute with an alternative dispute resolution body via the EU Commission’s Online Dispute Resolution (ODR) App.
This Joint Controllership Agreement (“Agreement”) is incorporated to and forms part of the Terms. This Agreement will enter into force as of the Community in assigned to the Artist (“Agreement Effective Date”).
COLKIE and the Artist are sometimes referred to herein individually as a "Party" and collectively as the "Parties".
This Agreement is based on the following fact:
The purpose of this Agreement is to comply with Article 26 of GDPR. In the case that parts of this Agreement are invalid, void or unenforceable, this shall not affect the effectiveness of the remaining parts of this Agreement. The Parties commit themselves to replace the invalid provision with a legally admissible provision that comes closest to the intention of the invalid provision and best meets the requirements of GDPR.
This Agreement sets out the allocation of respective roles, responsibilities and practical arrangements between the Parties for compliance with their respective data protection obligations under GDPR, when carrying out processing operations of Fan Data in sesh as joint controllers.
The joint controllership relationship is limited to data processing operations where Parties jointly determining purposes and means of processing in the meaning of Art. 26 of GDPR. Namely, such data processing operations are the one indicated in the Privacy Policy as conducted by COLKIE and the Artist as Joint Controllers.
For the purposes of this Agreement, the definitions laid down in Article 4 and 9 of GDPR, respectively, shall apply. Additionally the following definitions shall also apply:
-“Third Country” shall mean any country that is not a member of the European Union or the European Economic Area or any international organization;
-“Data Protection Laws” shall mean the GDPR as well as other provisions of EU Member State’s national law applicable to a relevant Party, passed in relation to personal data protection, including in particular the provisions of the given Controller’s national law;
-“Standard Contractual Clause” shall mean the standard data protection clauses for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection, as described in Article 46 of the GDPR and approved by the European Commission Decision (EU) 2021/914 of 4 June 2021 on standard contractual clauses for the transfer of personal data to third countries pursuant to Regulation (EU) 2016/679 of the European Parliament and of the Council as may be amended or replaced by the European Commission from time to time.
For the purpose of this Agreement, the Parties act collectively as Joint Controllers, and each of them as a Joint Controller, pursuant to Article 28 of Article 26 of GDPR in relation to the processing activities jointly carried out in sesh.
The processing activities performed by the Artist, as part of his/her remit and out of the scope of the use of sesh and/or a Community of sesh, fall outside the scope of this Agreement.
In order to guarantee compliance with applicable data protection rules, each of the Parties shall comply with the general principles of applicable Data Protection Laws, including, among other, Article 5 of GDPR and the California Consumer Rights Act at California Civil Code Section California Code, Civil Code - CIV § 1798.100, et seq, and the 2023 Final Regulations by the California Privacy Protection Agency (CPRA).
Colkie intends to allow only U.S. user fans age 16 and older to join the sesh app. If at any time, the Artists or its agents and/or employees have reason to believe there is a U.S. user fan under the age of 16, it will immediately notify Colkie.
4.1 Provision of information to Data Subjects
COLKIE has published a Privacy Policy to ensure that users’ fans are informed of the details of the processing activity jointly carried out in sesh. Artist shall procure to have such Privacy Policy available to users’ fans, when required by applicable law.
As regards the activities out of the scope of this Agreement, Artist is solely responsible to comply with its obligations as an individual data controller to inform users’ fans about the processing of their personal data.
4.2 Handling of Data Subject requests
Parties agrees that the Point of Contact with respect of Data Subjects requests is COLKIE. Notwithstanding with the above, any Data Subjects may exercise their rights under GDPR in respect of and against each of the Parties.
The Parties shall cooperate and, when so requested, provide each other with swift and efficient assistance in handling any Data Subject requests in accordance with the following steps:
4.3 Management of security incidents, including personal data breaches
The Parties shall handle security incidents, including personal data breaches, in accordance with their internal procedures and applicable legislation.
The Parties shall in particular provide each other with swift and efficient assistance as required to facilitate the identification and handling of any security incidents, including personal data breaches, linked to the joint processing.
The Parties shall notify each other of the following within the scope of this Agreement:
Each Party is responsible for managing all security incidents, including personal data breaches, that occur as a result of an infringement of that Party’s obligations under this Agreement and GDPR.
The responsible Party/ies shall document the security incident (including personal data breaches) and notify the other Parties without undue delay and at the latest within 48 hours after becoming aware of a security incident (including a personal data breach). The Party responsible for managing a personal data breach incident shall create and maintain appropriate records of the incident and notify it to the competent national supervisory authority without undue delay and, where feasible, not later than 72 hours after having become aware of the personal data breach, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. The Party responsible shall inform the other Parties of such notification.
The Party, responsible for the personal data breach, shall communicate that personal data breach to the Data Subjects concerned if the personal data breach is likely to result in a high risk to the rights and freedoms of natural persons. The Party responsible shall inform the other Parties of such communication. The communication to the Data Subjects referred to the previous paragraph shall not be necessary if any of the conditions listed in Article 34(3) of GDPR are met.
4.4 Responsibility for the security of processing
Each party shall implement appropriate technical measures to ensure the security of processing personal data in sesh pursuant to Article 32 of GDPR.
Access to personal data stored in the secure domain of sesh undergoing joint processing shall only be allowed to authorized staff/personnel/authorized users of the Parties, for the purposes of administering the data carry out the processing operation.
4.5 Processors
For some purposes of processing of Fan Data there are third parties involved that act as processors on behalf of the Parties. It is the responsibility of both Parties to ensure compliance with applicable laws (particularly, the GDPR) when appointing a processor.
Artist hereby grants the right to COLKIE to decide to change and add processors in the name of the Parties and grant the right to COLKIE to enter into contractual agreements in the name of both Parties where this is required under applicable laws (particularly, the GDPR).
Already existing contractual agreements between COLKIE and third parties shall also apply to the processing of Fan Data in scope of the joint controllership of the Parties.
Without prejudice to obligations of Joint Controllers that may be applicable under GDPR or national laws applicable to the Parties, Parties shall be responsible for the following:
Each Party, when so requested, shall provide a swift and efficient assistance to the other Party in execution of this Agreement, while complying with all applicable requirements of GDPR, the CPRA and regulations, and other applicable national or state rules on data protection.
The liability of the Parties for breaches of this Agreement, is generally governed by applicable data protection laws (particularly, GDPR). COLKIE is not liable for material and immaterial damages caused exclusively by the Artist breaching this Agreement or applicable laws (particularly, the GDPR) and has the right to seek compensation for such damages from the Artist. In case a supervisory authority or data subject seeks compensation from COLKIE for a breach of applicable laws caused exclusively by the Artist, COLKIE has the right to receive from the Artist an adequate compensation, at least in the amount COLKIE paid towards supervisory authorities and data subjects.
In compliance with applicable data protection legislation, a resume of the statements contained in this Agreement will be displayed in sesh through a hyperlink contained in sesh Privacy Policy.
This Agreement shall become effective upon getting an Artist Account and acceptance of these Terms and is concluded for an indefinite period and at least as long as the Parties carry out processing of Fan Data as joint controllers.
Each of the Parties has the right to terminate this Agreement. Artist may terminate this agreement by closing the Artist Account.
Upon termination of Terms with COLKIE, this Agreement shall also be terminated.
COLKIE may terminate this Agreement in accordance with the Terms.
Within the limits of applicable laws, for any amendment to this Agreement Artist will be informed before the amendment takes effect or, in the event of a more substantial amendment (for example, amendments that increase obligations, impact on main functionalities of the App), by email before the amendment takes effect.
If the Artist disagree with any of the proposed amendments, he/she may choose to delete his/her Artist Account.