Terms of Service
1. Agreement to Terms and Business-to-Business Presumption
By accessing, browsing, registering for, or utilizing the websites https://hb.agency and/or https://housebootlegs.com (including all subdomains, automated redirects, and associated digital platforms) (collectively referred to as the “Company”, “We”, “Us”, “Our”, or the “Platform”), you agree to be bound by these Terms and Conditions, all applicable laws and regulations, and the laws of the Company’s registered jurisdiction within the European Union. If you do not agree with any of these terms, you are strictly prohibited from using or accessing this Platform.
Professional Capacity and B2B Declaration: HB.AGENCY offers specialized digital marketing, music promotion, asset optimization, and artist management frameworks tailored exclusively for independent artists, music producers, DJs, record labels, and music industry professionals. By purchasing any product, campaign, credit, or service on this Platform, the User represents, warrants, and explicitly agrees that they are acting solely in a professional, commercial, or business capacity (B2B) and not as an ordinary consumer. Consequently, to the maximum extent permitted by applicable law, mandatory consumer protection laws, including consumer cooling-off periods or subjective quality warranties, do not apply to these Terms.
2. Description of Service and Best Efforts Principle
HB.AGENCY provides music promotion, digital campaign management, asset optimization, playlist submission networks, artist management frameworks, and communication tools for music creators and curators (the “Service”). You understand and agree that the Service is provided on an “AS-IS” and “AS-AVAILABLE” basis.
Best Efforts vs. Subjective Results: The User explicitly acknowledges that all marketing, promotional, and management packages are “Services of Best Efforts” and not “Result-Oriented Services”.
The Product Definition: HB.AGENCY guarantees the professional, technical execution of the purchased campaign. The product delivered consists entirely of the technical parameters associated with the specific package (e.g., promotional budget distribution, target audience reach, technical impressions, configuration of ad sets, or automated curation delivery). HB.AGENCY does not deliver, imply, promise, or sell “fame”, popularity, viral success, chart placements, major label contracts, or radio rotation.
3. Musical Content Quality and Technical Delivery Thresholds
The User explicitly acknowledges that all digital music platforms (e.g., Spotify, Beatport, Meta, Google, TikTok) and independent playlist curators utilize engagement-based and performance-driven algorithms.
Market Discretion and Underperformance: If the musical content submitted by the User underperforms due to low audience retention, high skip rates, negative user feedback, platform rejections, or substandard mixing/mastering quality, the promotional campaign may not hit historical or estimated benchmark metrics.
Full Contractual Satisfaction: In such events, HB.AGENCY’s contractual obligation is fully satisfied, completed, and closed once the Company provides proof of the technical deployment of the promotional activity (e.g., full utilization of the designated advertising budget, verifiable delivery of pitches to playlist curators, or backend campaign logs). No Adjustments for Creative Failures: HB.AGENCY shall not be held liable, and no refunds, partial credits, or campaign extensions will be issued, if a campaign fails to reach intended aesthetic or statistical targets due to the market’s or the public’s negative reception of the music asset itself.
4. Artist Management and Consulting Framework
For services involving Artist Management, career consulting, brand development, or industry structuring, HB.AGENCY acts strictly in an advisory, administrative, and logistical capacity based on the “Best Efforts” principle.
No Guarantee of Bookings or Signings: HB.AGENCY does not guarantee, represent, or warrant that the Artist will secure live performances, club bookings, festival slots, radio airplay, or recording/publishing contracts with third-party record labels.
Artist’s Absolute Obligation to Perform: The success of any management activity relies heavily on the Artist’s execution of creative and professional duties. The Artist is solely responsible for providing high-quality musical assets, maintaining professional conduct, delivering promotional materials on time, and upholding their public brand.
Non-Performance by Artist: HB.AGENCY cannot be held liable for stagnation, financial losses, or lack of progress in the Artist’s career resulting from the Artist’s lack of commercial appeal, refusal to travel, creative delays, interpersonal disputes, or sub-standard musical output. Under no circumstances will fees paid for management consulting or retainer frameworks be refunded due to a lack of professional breakthroughs.
5. Registration Obligations and Third-Party Assets
You represent that you are of legal age to form a binding contract. You agree to provide accurate, current, and complete Registration Data. If acting on behalf of a company or artist partnership, you warrant that you have the explicit legal authority to bind said entity. You grant us permission to access necessary third-party public data (e.g., public Spotify artist statistics, Beatport release links, social media metrics) required to execute, monitor, and optimize the Service. HB.AGENCY reserves the right to terminate accounts and cancel active campaigns containing fraudulent, misleading, or inaccurate information without compensation or notification.
6. Absolute No-Refund, Digital Delivery and Chargeback Protection Policy
Due to the digital, immediate, and labor-intensive nature of our promotional services, digital delivery networks, and automated campaign allocations:
Strict No Refunds: All sales, package purchases, subscription fees, and internal credit balances are final. We do not offer refunds under any circumstances, including but not limited to: a track not being selected by a specific playlist curator, subjective dissatisfaction with automated curator feedback, lack of organic streaming retention from listeners, or perceived underperformance of artist management consulting.
EU/EEA Consumer Rights Waiver: Pursuant to Article 16(m) of the EU Consumer Rights Directive (2011/83/EU), by purchasing our digital services and promotion packages, the User explicitly requests and consents to the immediate performance of the service. The User acknowledges that once the technical configuration, budget allocation, or execution of the campaign has commenced, they expressly waive their 14-day right of withdrawal.
Chargeback Abuse and Legal Recovery: Any attempt to reverse a legitimate transaction via credit card chargeback, PayPal dispute, or banking clawback for services already rendered, technically initiated, or configured constitutes a material breach of these Terms. HB.AGENCY will aggressively defend all payment disputes by submitting comprehensive technical delivery logs, timestamped backend verification data, server logs, and evidence of explicit checkbox consent to payment processors. The Company reserves the right to recover all third-party dispute fees, administrative costs, collection agency expenses, and legal fees incurred while defending malicious or unmerited chargebacks.
7. Success Stories, Public Analytics and Testimonials
By using the Service, you grant HB.AGENCY a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to publicly share, display, and promote your campaign success stories, track performance metrics (e.g., streaming growth charts, playlist additions, public leaderboard positions achieved during or after our campaigns), and testimonials for promotional, portfolio, and marketing purposes across our domains and social media networks. You may request removal of such marketing content at any time by contacting submit@hb.agency.