Terms of Service
These Terms of Service (“Terms”) are a legally binding agreement between you and Five AM Limited (trading as Five AM) (“Five AM”, “we”, “us”, “our”), of 3 Railway Street, Newmarket, 1023, Auckland, New Zealand. They govern your access to and use of fiveam.music, 5am.to and related domains, including our websites, online store, short links, artist and staff portals, hosted artist sites, press tools, Fan Drop links, forms and related online services (together, the “Services”). By accessing or using the Services you agree to these Terms. If you do not agree, do not use the Services. Related policies: Privacy Policy, Cookie Policy, and AI Opt-Out & Rights Reservation.
1. About Five AM
Five AM Limited is an independent music company based in Aotearoa New Zealand operating label, distribution, publishing, live, studio, projects, artist tools and related activities. Contact: hello@fiveam.music. Postal address: 3 Railway Street, Newmarket, 1023, Auckland, New Zealand.
2. The Services
Depending on how you use Five AM, the Services may include:
- our public websites and content on fiveam.music and related hosts;
- short-link and share hosting on 5am.to (including bio links, EPKs, one-pagers, listen links and Fan Drop links);
- artist/client portals and staff admin tools;
- hosted artist websites (including custom domains), store, tour/shows pages, blog, discography and audience tools;
- press and marketing tools such as EPKs, one-pagers and bio-link kits;
- Fan Drop tour hubs and per-show upload links for fan photos and videos;
- demo/music submission, contact and other forms;
- email/marketing list signup (including site “stay updated” and tour signup);
- commerce (physical and digital products, baskets and checkout); and
- analytics and event tracking used to operate and improve the Services.
Some features are available only to authorised artists, clients or staff under separate agreements, portal access rules or product terms. If a written agreement with Five AM conflicts with these Terms for a specific engagement, that written agreement prevails for that engagement.
3. Eligibility and accounts
You must be able to form a binding contract under applicable law to use the Services. If you create or are given an account (including artist portal or staff access), you must provide accurate information, keep credentials confidential, and notify us promptly of unauthorised use. You are responsible for activity under your account. We may suspend or terminate access where we reasonably believe these Terms have been breached or where needed for security or legal reasons.
4. Licence to use the Services
We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Services for lawful personal or internal business purposes in accordance with these Terms. Except as expressly allowed, you must not:
- copy, scrape, crawl, mirror, frame or commercially exploit the Services or their content;
- interfere with or disrupt the Services, servers or networks;
- attempt unauthorised access to accounts, systems or data;
- upload malware or harmful code;
- use the Services in a way that is unlawful, fraudulent, harassing, defamatory or infringing;
- bypass technical, password, time-window or access controls (including Fan Drop open/close windows); or
- use automated means to create accounts, submit forms or upload content at a volume that burdens the Services.
5. Intellectual property
Unless otherwise stated, all content on the Services — including names, logos, trade marks, artwork, photographs, audiovisual content, recordings, catalogue materials, text, graphics, layout and software — is owned by or licensed to Five AM Limited and protected by copyright, trade mark and other intellectual property laws. No rights are granted except the limited licence in section 4. You may not use our name, logos or branding without prior written permission.
Reservation of rights (including text and data mining / AI): Five AM Limited expressly reserves all rights in its content and catalogue. No part of the Services or our catalogue may be used for text and data mining, web scraping for model training, or to develop, train, fine-tune or improve any artificial intelligence or machine-learning system, without our express prior written consent. See our AI Opt-Out & Rights Reservation.
6. User content, demos and Fan Drops
If you submit information, demos, messages, photos, videos, links or other materials (“User Content”), you represent and warrant that you have all rights needed to submit it, that it does not infringe others’ rights, and that it does not contain unlawful, harmful or non-consensual material (including intimate imagery shared without consent).
General submissions (contact forms, demo submit and similar): you grant Five AM Limited a non-exclusive, worldwide, royalty-free licence to use, store, reproduce and share that User Content solely to review, respond to and administer your enquiry or submission and to operate the Services. Submitting User Content does not create any obligation on Five AM to reply, meet, sign, release, publish, sync or otherwise exploit your work, and does not create a confidential relationship beyond our Privacy Policy and ordinary professional care. Unsolicited materials are submitted at your own risk; keep your own copies.
Fan Drop uploads: When you upload photos or videos via a Fan Drop link, you confirm you own or control the rights to share that content and you grant the relevant artist/client and Five AM Limited a non-exclusive, worldwide, royalty-free, transferable licence to host, review, download, edit (for format/technical reasons), reproduce, communicate and use the content for promotional, archival and show-related purposes connected with the tour or show identified on the drop, including on social media, websites, press and marketing materials. You waive, to the extent permitted by law, moral rights claims against such reasonable promotional uses. Fan Drop links may be password-protected and time-limited; uploads outside an open window, without a required password, or without required consent/captcha may be rejected. Artists/clients access submissions through their portal; Five AM may also access them to operate, secure and support the Services and to assist artists. We may remove or disable User Content that we reasonably believe breaches these Terms or law.
7. Artist-hosted sites and tools
Artists and clients may use Five AM tools to publish sites, bio links, EPKs, one-pagers, stores, shows calendars, mailing-list signups and Fan Drop tours. You must only publish content you have rights to use, comply with applicable consumer and advertising laws, and honour fan privacy expectations. You are responsible for your public-facing content, show information, pricing, external ticket links and communications with your fans. Five AM provides the platform and related hosting/storage; we are not the promoter of every show or the seller of every third-party ticket linked from a site.
8. Store, pricing and orders
Product descriptions, prices, currencies, shipping options and availability are shown on the relevant storefront and at checkout and may change without notice before you complete a purchase. An order is an offer to buy; we (or the selling artist, where the store is artist-operated) may accept or decline orders (including where there is pricing error, stock issues, suspected fraud or shipping restrictions). Title and risk in physical goods pass in accordance with applicable law and fulfilment practices; digital products are licensed for personal use only unless stated otherwise.
Payments may be processed by Stripe, PayPal or other designated providers. You authorise charging of the payment method you provide for the amounts shown at checkout, including shipping and taxes where applicable.
9. Shipping, returns and consumer guarantees
Shipping rates, destinations and timeframes are as described at checkout or on the relevant storefront. Delays can occur due to carriers, customs or events outside reasonable control.
If you are a consumer in New Zealand, nothing in these Terms limits rights you cannot contract out of under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. Where those Acts apply, products and services must meet applicable guarantees. For change-of-mind returns, defective goods or digital download issues, contact hello@fiveam.music with your order details. Digital products that have been accessed or downloaded may not be refundable except where required by law.
10. Short links, analytics and communications
Short links on 5am.to and similar hosts may redirect or rewrite to content we host. We may collect usage and marketing analytics (for example page views and outbound clicks) to operate, secure and improve the Services and to provide insights to artists/clients. Email and SMS (where used) marketing is sent only where permitted by law; you can unsubscribe using the method provided in the message or by contacting us.
11. Third-party services and links
The Services may link to or integrate third-party websites, apps, streaming platforms, ticket vendors, payment processors or captcha providers. We do not control and are not responsible for their content, availability, security or terms. Links are not an endorsement. Your dealings with third parties are solely between you and them.
12. Disclaimers
The Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law (and without limiting non-excludable consumer rights), we do not warrant that the Services will be uninterrupted, error-free, secure or free of harmful components, or that content will always be complete or current. Information on the Services may change. Fan Drop and short-link availability depends on configuration, open windows and third-party infrastructure.
13. Limitation of liability
To the maximum extent permitted by New Zealand law, and except for liability that cannot be excluded (including under the Consumer Guarantees Act 1993 where it applies and cannot be contracted out of), Five AM Limited and its directors, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive loss, or any loss of profits, revenue, data, goodwill or business opportunity, arising out of or in connection with the Services or these Terms, whether in contract, tort (including negligence) or otherwise.
Where liability cannot be excluded but can be limited, our total aggregate liability arising out of or in connection with the Services or these Terms is limited to the greater of (a) NZD $100 or (b) the amounts you paid to Five AM Limited via the Services for the specific product or service giving rise to the claim in the 12 months before the claim.
14. Indemnity
You agree to indemnify and hold harmless Five AM Limited and its personnel from and against reasonable losses, costs and expenses (including legal fees on a solicitor-client basis) arising from your User Content (including Fan Drop uploads), your misuse of the Services, your public artist-site or marketing content, or your breach of these Terms or applicable law, except to the extent caused by our fraud or wilful misconduct.
15. Suspension and termination
We may suspend or restrict access to all or part of the Services, without liability, for maintenance, security, legal compliance or breach of these Terms. Provisions that by their nature should survive (including intellectual property, User Content licences, disclaimers, liability limits and indemnity) survive termination.
16. Changes
We may update these Terms from time to time by posting a revised version on this page with an updated “Last updated” date. Continued use of the Services after changes take effect constitutes acceptance of the revised Terms. If you do not agree, stop using the Services.
17. General
These Terms are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the New Zealand courts. If any provision is held invalid or unenforceable, the remaining provisions continue in full force. These Terms, together with the Privacy Policy, Cookie Policy and any order-specific or product-specific terms, are the entire agreement between you and us regarding the Services and supersede prior understandings on that subject (except written artist/client agreements that expressly prevail). Our failure to enforce a provision is not a waiver. You may not assign your rights under these Terms without our consent; we may assign ours as part of a reorganisation or sale of assets.
18. Contact
Questions about these Terms: hello@fiveam.music
Five AM Limited
3 Railway Street, Newmarket, 1023
Auckland, New Zealand