Platform User Agreement

General Provisions

1.1. This User Agreement sets out the rules for accessing the Freshtunes Select digital platform and its user account area. The platform is owned by FRESHTUNES SELECT Limited Liability Partnership.

1.2. The platform is intended for rightsholders, performers, producers, labels and their authorized representatives. Through the platform, the User submits sound recordings, cover artwork, metadata and other materials for review, administration and subsequent digital distribution under a separate agreement with the Company.

1.3. This Agreement governs the use of the platform. It does not replace a distribution agreement, license agreement, terms governing individual services, pricing plans or the rules of digital services. In the event of a conflict, the terms of the document that specifically governs the relevant service or right to use the Content will apply.

1.4. The User accepts this Agreement by registering, signing in to the user account area or taking any other action for which the interface provides a link to the Agreement. The Company retains information about the version accepted, the date of acceptance and the method of acceptance.

1.5. A User acting on behalf of a legal entity confirms that the User has the necessary authority. An individual must have full legal capacity. A person under eighteen years of age may use the platform only through a legal representative or with that representative’s verifiable consent, where permitted by law.

User Account and Access

2.1. To register, the User must provide accurate and current information requested through the interface. The Company may verify identity, authority, banking and tax information and request supporting documents to the extent necessary to enter into and perform an agreement, pay remuneration, prevent fraud and comply with legal requirements.

2.2. The User must keep passwords and verification codes confidential, restrict access by employees and representatives and promptly report any loss of control over the user account to support@ftselect.kz. Actions taken following proper authentication will be treated as actions of the User until the Company receives notice that access has been compromised.

2.3. The User may not sell, lease or transfer the user account. Employees and contractors may be granted access through roles provided by the platform. The User is responsible for its appointed representatives and must revoke their access in a timely manner.

2.4. The Company may request renewed verification if information changes, a document expires or there are indications of unauthorized access, fraud or infringement of third-party rights. Certain functions may be restricted until the review is completed.

Content and User Rights

3.1. Content includes sound recordings, performances, musical works, lyrics, cover artwork, photographs, audiovisual materials, trademarks, artist names, information about authors and rightsholders, identifiers, release dates and other materials submitted by the User through the platform.

3.2. The User retains all rights in the Content that belong to the User. The scope of rights granted to the Company for distribution, monetization, promotion, technical processing, reporting and removal of Content is determined by a separate agreement. Use of the user account area alone does not transfer any exclusive right to the Company unless the parties expressly agree otherwise.

3.3. The User warrants that it holds all rights and permissions required for each stated method of use and territory. This also applies to music, lyrics, performances, sound recordings, samples, remixes, cover versions, translations, arrangements, images, names, voices and other protected elements.

3.4. If the Content contains information about co-authors, performers, producers, payment recipients or other individuals, the User confirms that the transfer of such information to the Company is lawful and that all necessary consents have been obtained. At the Company’s request, the User must provide supporting documents within a reasonable period.

3.5. The User must not upload Content that violates the laws of the Republic of Kazakhstan, the laws of a country in which the Content is distributed, or the rights or legitimate interests of third parties, or that contains unlawful calls to action, incitement of hatred, promotion of violence or other prohibited information.

3.6. The Content must comply with the technical requirements of the platform and digital services. Where required, the User must provide complete and accurate metadata, age ratings and warnings. Manipulation of streams, followers, advertising, content identification systems or reporting is prohibited.

3.7. Recordings created entirely using generative artificial intelligence without verifiable human creative contribution will not be accepted unless the Company’s rules expressly provide otherwise. For materials created using such tools, the User must disclose the fact and manner of their use at the Company’s request and confirm the relevant rights in the input data, output, voice, image and other elements.

Content Review and Related Action

4.1. The Company reviews Content within the time limits stated in the interface, agreement or help center. The review period may be extended if an additional review of rights, metadata, quality, digital-service requirements or User information is required.

4.2. The Company may reject a release, request changes or documents, suspend delivery, restrict monetization or remove Content from the platform and digital services. Grounds may include a breach of an agreement or law, a rightsholder complaint, a digital-service requirement, indications of fraud, artificial streaming, duplication, misleading metadata or a security risk.

4.3. Where there is an urgent risk, the Company may take action without prior notice. In other cases, the Company will send a notice through the user account area or by email and, where possible, state the grounds and the procedure for contacting the Company.

4.4. The Company is not required to accept or distribute any uploaded Content. A digital service’s decision to publish, label, monetize or remove Content is subject to that service’s rules and may be outside the Company’s control.

Permitted Use of the Platform

5.1. The User may use the platform only for lawful purposes and within the functions provided. Circumvention of security measures, interference with source code, automated data collection without written authorization, denial-of-service attacks, distribution of malicious code, credential stuffing and attempts to access another person’s information are prohibited.

5.2. The User must not copy the platform interface, source code, databases or reference materials, except where expressly permitted by law or by the Company. Rights in the platform, its design, software and brand identifiers belong to the Company or its licensors.

5.3. The Company may carry out scheduled and emergency maintenance and change functions and security requirements. If a material service restriction is expected, the Company will provide advance notice where the nature of the work permits.

Suspension and Termination of Access

6.1. The Company may temporarily restrict a user account or an individual transaction where necessary for review, security, legal compliance, prevention of harm or consideration of a request from a digital service or rightsholder.

6.2. The Company may terminate access in the event of a material or repeated breach. If the breach can be remedied and urgent action is not required, the Company will allow a reasonable period to remedy it. The consequences for Content, reports and settlements are determined by the applicable agreement and law.

6.3. The User may stop using the platform and request closure of the user account. Closure does not discharge outstanding obligations, terminate licenses that remain in effect, cancel refund claims or pending complaints, or override statutory document-retention periods.

Personal Data and Notices

7.1. The Company processes personal data in accordance with the Freshtunes Select Privacy Policy and, where required, a separate consent. The User must review these documents before submitting personal data.

7.2. Legally significant notices are sent through the user account area, to the email address provided by the User or using the Company’s contact details. The User must keep its contact details current.

Liability

8.1. Each party is liable for a breach of its obligations in accordance with the laws of the Republic of Kazakhstan and the agreements it has entered into. No limitation of liability applies to the extent such limitation is prohibited by law.

8.2. The User is responsible for the Content, the accuracy of metadata, the existence of the required rights and the lawfulness of its instructions. The User must reimburse the Company for documented losses arising from substantiated third-party claims where those claims result from the User’s breach of these warranties.

8.3. The platform is provided with its then-current functionality. The Company does not guarantee uninterrupted operation, acceptance of Content by any particular digital service, any particular number of streams, revenue or commercial outcome. This provision does not release the Company from its obligation to take reasonable security measures and properly provide the agreed services.

8.4. A party is not liable for a failure to perform caused by force majeure if it promptly notifies the other party and takes reasonable measures to mitigate the consequences.

Requests and Disputes

9.1. Questions concerning the operation of the platform should be sent to support@ftselect.kz Claims should be sent to claims@ftselect.kz and must identify the User, describe the circumstances and relief sought, and include supporting documents. The Company will respond within the period prescribed by law or the applicable agreement or, where no specific period applies, within fifteen business days.

9.2. The parties will seek to resolve disputes through negotiation. Any dispute that cannot be resolved will be submitted to a court in accordance with the jurisdiction rules established by the laws of the Republic of Kazakhstan.

Amendments to the Agreement

10.1. The Company will publish each new version on the platform and specify its effective date. The Company will notify the User of material changes through the user account area or by email at least ten calendar days in advance, unless the law or an urgent need requires a different period.

10.2. If an amendment affects consent previously given for personal-data processing or the scope of rights granted in the Content, the Company will obtain new consent or execute an amendment to the applicable agreement where required by law.

10.3. This Agreement is governed by the laws of the Republic of Kazakhstan. If any provision is held invalid, the remaining provisions will continue in effect to the extent permitted by law.

Company Details

11.1. FRESHTUNES SELECT Limited Liability Partnership. Business Identification Number 260840023357. Registered address: 138 Dostyk Avenue, Almaty, Republic of Kazakhstan.

Email addresses: info@ftselect.kz Support: support@ftselect.kz