FATdrop Terms Of Use

• 1. Service Agreement and information about us
  • 1.1 FATdrop Limited (“FATdrop”, “we”, “us”, “our”) operate the FATdrop website (fatdrop.co.uk and all subdomains thereof) or services, or the mobile versions of either (together “the site”). We are a company registered in England and Wales under company number 6199983 and with our registered office and main trading address at PO Box 501 The Nexus Building, Broadway, Letchworth Garden City, Herts, UK SG6 9BL. Our VAT number is GB981058506. To contact us, please see our Contact Us page https://www.fatdrop.co.uk/contact.
  • 1.2 Use of the Site and the FATdrop web application (collectively, "The Services") are provided to you (the "Client", "You" or "Your") subject to these terms and conditions, the documents expressly referred to in these terms and conditions and any guidelines, rules or operating policies that FATdrop may establish and post from time to time (the "Service Agreement"). By using the Site you indicate that you accept this Service Agreement and that you agree to abide by the terms of this Service Agreement. If you do not agree to this Service Agreement, please refrain from using the Site. By posting updated versions of the Service Agreement accessible via the Client's control panel on the Site, or otherwise providing notice to You, FATdrop may modify the terms of the Service Agreement and may discontinue or revise any or all other aspects of The Services at its sole discretion. All such changes shall become effective upon posting of the revised Service Agreement.
  • 1.3 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, The Services are not available to individuals under the age of 18. If you do not qualify, please do not use The Services.
  • 1.4 The Service Agreement shall be governed by, and construed in accordance with, English law and the courts of England shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Service Agreement.
  • 1.5 For the purposes of this Services Agreement “Intellectual Property Rights” means all intellectual property rights wherever in the world arising, whether registered or unregistered (and including any application), including copyright, know-how, confidential information, trade secrets, business names and domain names, trade marks, service marks, trade names, patents, petty patents, utility models, design rights, database right and all rights in the nature of unfair competition rights or rights to sue for passing off.
• 2. Description of Services
  • 2.1 The Services enable record labels, recording artists and other members of the music industry to upload data (image, text, audio and other files) (“Content”) and to make such Content available via the internet to members of their opt-in mailing list, by use of a combined website and email system, and to monitor how the data is viewed and used by the members of their mailing lists.
  • 2.2 FATdrop makes every attempt to ensure that all e-mail messages sent through our servers follow e-mail standards and render correctly in a wide range of email clients but cannot guarantee that messages will look consistent across all e-mail platforms due to the number of different email client variants. It is understood that FATdrop makes no guarantee that HTML messages will be rendered properly on all recipients' e-mail programs. For best results FATdrop uses, but does not guarantee, HTML that adheres to W3C standards.
  • 2.3 FATdrop makes every attempt to make sure that promo pages follow web standards and render correctly in a wide range of browsers but we cannot guarantee that pages will look consistent in all browsers. It is understood that FATdrop makes no guarantee that promo templates will be rendered properly on all recipients' browsers.
  • 2.4 System Requirements. It is understood that in order to use the Site's control panel, a modern browser with javascript enabled is required. The Site is tested on the two most recent versions of the Firefox, Chrome, Safari, and Internet Explorer browsers as well as popular Android and iOS browsers although we make no guarantee as to the functionality of the Service on any specific browser/platform.
• 3. Pricing and Payment
  • 3.1 FATdrop operates a monthly subscription service based on tiered plans that grant you a defined number of credits and associated features. You may purchase additional credits if needed. Full plan details are available on the Pricing page of our website.
  • 3.2 FATdrop generates your invoice and collects payment on your billing date using the payment method saved to your account.
  • 3.3 If a payment attempt fails, FATdrop will retry the charge once per day for two additional consecutive days. If payment is still unsuccessful, your account may be paused or downgraded to the free Essential plan until payment is completed.
  • 3.4 It is your responsibility to ensure your saved payment method is valid and up to date. When you update or change your payment method, FATdrop may take a small payment to verify the new details. This amount will be credited to your account and deducted from your next invoice.
  • 3.5 You may cancel your paid subscription at any time by switching to the Essential plan. Cancellations must be made before your next billing date to avoid charges for the next billing cycle. No refunds will be issued for unused time in a billing period.
  • 3.6 FATdrop may update its pricing or subscription plans at any time. You will be notified in advance of any changes affecting your account. All fees are quoted in UK Pounds Sterling (GBP) and are exclusive of VAT unless stated otherwise.
  • 3.7 VAT will be applied at the prevailing UK rate unless you have provided valid documentation showing exemption (i.e. a valid EU VAT number for non-UK businesses, or evidence of non-EU residency).
• 4. Privacy
  • 4.1 During the account registration process. You will provide true, accurate, current, and complete information about yourself as requested in the registration form. As part of the registration process, You will identify an e-mail address and password for your FATdrop account. You are responsible for maintaining the security of your account, passwords, and files, and for all users of your account and of the Services in your name. FATdrop reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.
  • 4.2 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to FATdrop. FATdrop may use this information and any technical information about your use of the Services to tailor its presentations to You, facilitate your movement through the Service, or communicate separately with You.
  • 4.3 FATdrop will not use any of your mailing lists or any other customer information for any other purposes than those intended with the Service. Your customer information will not be shared with any other parties. In addition, FATdrop will not use Your customer information for the purpose of sending unsolicited commercial e-mail.
  • 4.4 FATdrop may contact recipients who may be members of your mailing list under the following circumstances:
    • 4.4.1 to inform them of changes to the Service which may affect their usage;
    • 4.4.2 with technical assistance in order to troubleshoot a problem with usage of the site;
    • 4.4.3 with automated notifications that they have specifically requested
  • 4.5 You will comply with FATdrop’s Privacy Policy https://www.fatdrop.co.uk/privacy_policy and as such privacy policy may be modified by FATdrop from time to time.
• 5. Restrictions and Responsibilities
  • 5.1 These terms form part of the Service Agreement, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. If you are using the Services in any country in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.
  • 5.2 You represent, covenant, and warrant that you will use the Services only in compliance with the Service Agreement and all applicable laws (including but not limited to policies and laws related to copyright, spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. You hereby agree to indemnify and hold harmless FATdrop against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable legal fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. You acknowledge that FATdrop has no control over any Content placed on the Site by you and does not purport to monitor the Content provided by you or your use of the Services. FATdrop reserves the right without liability or prejudice to its other rights to You, to remove, delete or disable access to any Content, or suspend or otherwise prohibit Your use of the Services (or both) if it reasonably suspects that such Content may be (or is alleged to be) in violation of the Service Agreement.
  • 5.3 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates UK law or other laws that may apply in your jurisdiction is prohibited. You shall not access, store, distribute or transmit any material during your use of the Services that is obscene, threatening, harassing, defamatory, unlawful, harmful, racially or ethnically offensive, facilitates illegal activity, depicts sexually explicit images, promotes unlawful violence, is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, infringes a third party’s Intellectual Property Rights or any other rights of a third party or is otherwise illegal or causes damages or injury to any person or property (“Inappropriate Content”). You shall notify FATdrop promptly if You become aware of any allegation that any content on the Site may be Inappropriate Content.
  • 5.4 It is Your responsibility to check the campaign for errors in copy, corrupted audio, graphics stream and download settings, and that the overall campaign is working as required before sending. FATdrop is not responsible for any errors generated by the clients activities during campaign creation.
  • 5.5 Watermarking of MP3 and other audio files is provided to add an additional level of safety to clients of FATdrop. It is Your responsibility to test a watermarked audio file to ensure it plays back correctly. FATdrop cannot be held responsible for files that become corrupt from the watermarking process or for cases where watermarking adds audible artifacts. Furthermore, FATdrop does not guarantee that a watermark will identify the recipient of a file should that file be altered in some way.
  • 5.6 You warrant and undertake that:
    • 5.6.1 You are the owner or authorised licensee of the Intellectual Property Rights in the Content and that the use of the Content as contemplated by the Service Agreement will not infringe the Intellectual Property Rights or any other rights of any third party;
    • 5.6.2 You own all right, title and interest in and to all of the Content and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Content.
    • 5.6.3 You shall obtain and shall maintain all necessary licences, consents and permissions necessary for FATdrop, its contractors and agents to perform their obligations under this Service Agreement (without additional charge to You or any third party, including without limitation any collecting society).
  • 5.7 You shall indemnify FATdrop against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered or incurred by FATdrop arising out of or in connection with any breach of the warranty contained in clause 5.6. At the request of FATdrop and at Your own expense, You shall provide all reasonable assistance to enable FATdrop to resist any claim, action or proceedings brought against FATdrop as a consequence of any breach of the warranty contained in Clause 5.6.
  • 5.8 FATdrop may, without affecting any other right or remedy available to it, terminate the Service Agreement with immediate effect by, giving written notice to You, if any action is brought against it, or it receives any claim, that the Content infringes the rights or interests of any third party.
• 6. Termination
  • 6.1 You may terminate this Service Agreement at any time by switching your account to the Essential plan or by sending an email to info@fatdrop.co.uk requesting account closure. Correspondence must include your first name, last name, and registered FATdrop email address. This must then be confirmed in writing. To fully close your account, any outstanding invoices must be settled. Monthly subscription fees are non-refundable, including for partial months.
  • 6.2 FATdrop may terminate this Agreement or the Services at any time with or without cause, and with or without notice. FATdrop shall have no liability to you or any third party because of such termination. If FATdrop terminates this agreement because you violated the Anti-Spam policy, no refund will be issued.
  • 6.3 FATdrop may delete any of your archived data within 30 days after the date of termination. All sections of this Service Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
• 7. Warranty
  • 7.1 USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. FATDROP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND FATDROP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for FATdrop to use commercially reasonable efforts to adjust or repair the Services.
  • 7.2 This clause 7 sets out the entire financial liability of FATdrop (including any liability for the acts or omissions of its employees, agents and sub-contractors) to You:
    • 7.2.1 arising under or in connection with this Service Agreement;
    • 7.2.2 in respect of any use made by You of the Services or any part of them; and
    • 7.2.3 in respect of any representation, statement or tortious act or omission (including negligence) arising under or in connection with this Service Agreement.
  • 7.3 Subject to clause 7.1 and 7.6 neither FATdrop nor any of its employees, agents or sub-contractors shall be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under or in connection with this Service Agreement.
  • 7.4 Subject to clause 7.1 and 7.6 FATdrop's (including its employees, agents or sub-contractors) total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of this Service Agreement shall be limited to the amount payable for the Service.
  • 7.5 You may not remove or export from the UK or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the UK or any other applicable country.
  • 7.6 Notwithstanding anything to the contrary, nothing in this Service Agreement excludes the liability of FATdrop for:
    • 7.6.1 death of personal injury caused by FATdrop’s negligence; or
    • 7.6.2 for fraud or fraudulent misrepresentation.
• 8. Miscellaneous
  • 8.1 If any provision of the Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Service Agreement will otherwise remain in full force and effect and enforceable.
  • 8.2 FATdrop and You agree that the Service Agreement constitutes the entire agreement between the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Service Agreement. Each party agrees that it shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Service Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Service Agreement.
  • 8.3 All waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Service Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
  • 8.4 No agency, partnership, joint venture, or employment is created as a result of the Service Agreement, and You do not have any authority of any kind to bind FATdrop in any respect whatsoever.
  • 8.5 In any action or proceeding to enforce rights under the Service Agreement, the prevailing party will be entitled to recover its costs and lawyers fees.
  • 8.6 Except as expressly set out in clauses 7.2-7.4 (inclusive), no one other than a party to this Service Agreement, their successors and permitted assignees, shall have any right to enforce any of its terms.
  • 8.7 You shall not, without FATdrop’s prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights or obligations under the Services Agreement.
• 9. Email and Permission Practices
  • 9.1 You must comply with all applicable laws in relation to your use of the Service including the Privacy and Electronic Communications (EC Directive) Regulations 2003 and you must comply with the FATdrop Anti-Spam policy when sending e-mail through the Service to ensure that FATdrop maintains its reputation and white-listing status with a number of major ISPs and whitelisting programs.
  • 9.2 Every email message sent in connection with the Services will contain the "unsubscribe" link or other mechanism that allows subscribers to remove themselves from your mailing list. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link.
  • 9.3 You agree to import, access or otherwise use only permission-based email lists. The use of bought or gathered mailing lists, distribution lists, newsgroups, or spam email addresses are strictly prohibited and FATdrop reserves the right to suspend the Service and/or terminate your Service Agreement if You do not comply with the policy. Please contact FATdrop if you have questions.
  • 9.4 Emails that you send through the Service may generate abuse complaints from recipients. As a matter of privacy, FATdrop cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of abuse complaints in excess of industry norms. FATdrop, in its sole discretion, shall determine whether your level of abuse complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. If your campaigns are flagged as SPAM by any number of Your recipients, FATdrop reserves the right to suspend the Service and/or terminate your Service Agreement without notice.
  • 9.5 In order to comply with FATdrop's anti-spam policy, it is the clients responsibility to make sure they have permission to send email to the people in their lists. FATdrop provides a way to send new addresses an "opt-in" invitation when adding them to Your mailing lists. New addressees can either accept or reject the invitation. You will not be able to send email to these addresses until the invitation has been accepted.
  • 9.6 You can also manually add addresses to any FATdrop mailing list, bypassing the opt-in process. It is Your responsibility to ensure You have permission to send emails to the addressees if you use this method of adding new addresses. They must either be people who have bought your products or services in the last 2 years or people who have given you their details in order to be contacted about your releases. When an address added in this way retrieves a promo, it is assumed that they are happy to receive digital promos and their status becomes "Subscribed". If a new address is sent 3 promos without clicking on any of them, they will become blocked. To unblock their address, a recipient should visit https://promos.fatdrop.co.uk/subscriptions and follow the on-screen instructions.
  • 9.7 FATdrop, at its own discretion, may immediately suspend the Service and/or terminate your Service Agreement without refund to the Services if FATdrop believes in its sole discretion that you have violated any of the email and permission practices listed above.
• 10. Copyright Policy
  • 10.1 You shall not upload, send, modify, distribute, or reproduce in any way any material (including without limitation any audio, image or other files, text, trademarks, or other proprietary information) where the Intellectual Property Rights in such material belong to others without obtaining the prior written consent of the owner of such Intellectual Property Rights. Without affecting any other right or remedy available to it FATdrop may suspend the Service and/or terminate your Service Agreement immediately if it reasonably believes that You are infringing the copyright or other Intellectual Property Rights of others.
  • 10.2 You acknowledge and agree that the Services and the FATdrop company names and logos and all related product and service names, design marks and slogans, are the property of FATdrop or its affiliates or suppliers (collectively, the "Marks"). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of FATdrop. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in FATdrop or its third party suppliers, as the case may be.
• 11. Content
  • 11.1 FATdrop shall follow its archiving procedures for Content. In the event of any loss or damage to Content, FATdrop's sole and exclusive remedy shall be for FATdrop to use reasonable commercial endeavours to restore the lost or damaged Content from the latest back-up of such Content maintained by FATdrop in accordance with their archiving procedures. FATdrop shall not be responsible for any loss, destruction, alteration or disclosure of Content caused by any third party (except those third parties sub-contracted by the FATdrop to perform services related to Content maintenance and back-up).

Updated: 1 September 2025