Terms of Service

These Terms are an agreement between you and Abibirem LLC, a Utah limited liability company that operates Sunsum Live (“Sunsum Live”, “we”, “us”). They apply when you use the Sunsum Live website, the listener pages you reach by scanning a Sunsum Live QR code, or the Sunsum Live app (together, the “service”). By using the service, you agree to them and to our Privacy Policy. If you do not agree, do not use the service.

IMPORTANT: IF YOU LIVE IN THE UNITED STATES, SECTION “RESOLVING DISPUTES” REQUIRES YOU TO RESOLVE DISPUTES WITH US BY INDIVIDUAL ARBITRATION, NOT IN COURT OR IN A CLASS ACTION, UNLESS YOU OPT OUT WITHIN 30 DAYS.

Sunsum Live lets artists run live sets in which listeners request songs, send tips and pay to move requests up the queue. Artists are independent performers. They are not our employees or agents, and we are not a party to any performance.

An artist decides which requests to accept and play. Paying for a request, tip or bump does not oblige an artist to play a song or to do anything else in return, except as described under “Listener Payments”.

We may change, add or remove features. We will tell artists in advance of a change that significantly reduces what they have paid for.

• You must be at least 13 years old to use the service. If you are under 18, you need a parent’s or guardian’s permission to make a payment.
• You must be at least 18 years old, and the age of majority where you live, to create an artist account or receive payouts. We ask you to confirm this when you create your account.
• You may not use the service if the law or a previous suspension by us bars you from it.

Keep your account details accurate and your password secure. You are responsible for what happens under your account. Tell us at support@sunsumlive.com at once if you think someone else has used it. An account is for one person or one act and may not be transferred.

Payments are processed by Stripe or PayPal (including Venmo). We collect them on the artist’s behalf and pay them out to the artist, less the fees described under “Artist Earnings And Payouts”. You pay a processing fee on top of your tip. For a card payment, the page shows the fee and the total before you pay; for PayPal, the total including the fee is shown in PayPal’s window before you approve it.

• Tips are voluntary gifts to the artist. A tip does not buy goods or services.
• A paid request for a song on the artist’s setlist is charged when it joins the queue.
• A paid request for any other song is held on your card or PayPal account, not charged, until the artist accepts it. If the artist declines it or does not accept it, the hold is released.
• A bump moves your request up the queue and is charged when you make it. A bump is not refunded if the song is later declined or not played, or if the set ends or is paused.
• Free requests are limited in each set: to the number per listener the artist chooses, and to a number per network that we set to prevent abuse.
• If the artist has limited requests to the venue, you must share your location to send one.

Payments are final. They are refunded only if the artist chooses to refund one, in full or in part, if a payment cannot be applied (for example, a bump the queue no longer accepts, which the page refunds at once), or where the law requires. Contact the artist or support@sunsumlive.com before disputing a charge with your bank; we will try to help.

• Platform fee: we keep a percentage of every tip, paid request and bump, set by your plan and shown in the app. Listeners pay the processing fee on top of their payment, so it does not come off your share.
• Getting paid: you are paid through Stripe (to your bank account) or through PayPal or Venmo. To be paid through Stripe you must complete Stripe’s onboarding and agree to the Stripe Connected Account Agreement. Until you set up a payout method, your earnings are held for you.
• Payouts: the minimum payout is $1.00. An instant payout to your bank costs 1.5% of the payout, which we show before you confirm.
• Changing where you are paid: payouts to a new PayPal or Venmo destination are held for 48 hours after the change, and we email you about it, to protect you if someone else made the change.
• Refunds and disputes: a refunded payment, or one lost in a dispute, comes off what you are owed. If it was already paid out to you, you authorise us to recover it: for Stripe payouts, by reversing that amount from the transfer to your Stripe account; for PayPal and Venmo payouts, by deducting it from your next payout. If you win a dispute, the money is yours again.
• Taxes: you are responsible for the taxes on what you earn. We or our payment processors may need your tax information and may report your earnings to tax authorities.
• We may hold or refuse payments to an account we have suspended, or that is under investigation for fraud, until the investigation ends.

Paid plans lower your platform fee and unlock features, as described in the app. They renew automatically each month or year until you cancel.

• Billing: on iPhone, plans are billed by Apple through your App Store account, and Apple’s terms apply to the purchase. Elsewhere, plans are billed by Stripe or PayPal.
• Cancelling: cancel an App Store plan in your iPhone settings. Cancel a Stripe or PayPal plan in the app’s Subscription settings on an Android phone, or by emailing support@sunsumlive.com; a PayPal plan can also be cancelled in your PayPal account. You keep the plan until the end of the period you have paid for.
• Refunds: we do not refund partial billing periods, except where the law requires. Refunds of App Store purchases are handled by Apple.
• Failed payments: if a renewal payment fails, you keep your plan while the store or processor retries it. If the retries fail, the plan ends.
• Price changes: we will tell you before a price change applies to your plan, and you can cancel before it does.
• If you are a consumer in the European Union or the UK and buy a plan from us directly, you may cancel within 14 days of buying it. If you asked us to start your plan at once, we may keep the part of the price for the days you used.

Artists may earn rewards for inviting other artists, under the rules shown in the app at the time. We may change or end the referral programme, and withhold rewards obtained by fake accounts or other abuse.

You keep ownership of what you post: your profile, setlists, events, images, names and messages. You give us a worldwide, non-exclusive, royalty-free licence to host, store, copy, display and send that content, only as needed to operate, promote and improve the service. This licence ends when you delete the content or your account, except for copies we must keep by law and request history that stays with an artist’s sets.

You are responsible for your content and must have the rights to post it.

Sunsum Live does not host, stream or license music. Artists and venues are responsible for the licences their performances need, including public performance licences for cover songs, and for following venue rules about recording and streaming. Playlist imports from Spotify or YouTube copy song details such as title, artist, length and album art, not recordings.

Everyone who uses Sunsum Live, artists and listeners alike, agrees not to:

• harass, bully, threaten or intimidate anyone, or post hate speech or discriminatory content about race, ethnicity, religion, gender, sexual orientation, disability or any other protected characteristic;
• post sexually explicit, gratuitously violent or illegal content, or promote illegal activity, drug use or self-harm;
• share someone else’s personal information without their consent;
• impersonate another person, artist or band, or misrepresent yourself or your performances;
• ask for tips through deception, break promises made in exchange for tips, or use the service to launder money or move stolen funds;
• create fake accounts, send spam, or inflate requests, tips or engagement artificially;
• infringe anyone’s copyright, trademark or other rights;
• scrape the service, probe or break its security, or interfere with how it works; or
• break the law or a venue’s rules.

Report a violation to support@sunsumlive.com. Depending on how serious and frequent a violation is, we may warn you, remove content, limit features, suspend or close your account, or report it to the authorities.

If you believe content on Sunsum Live infringes your copyright, send a notice to our designated agent with: your signature; the work you say is infringed; the content you say infringes it and where it is on the service; your contact details; a statement that you believe in good faith the use is not authorised; and a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorised to act for the owner.

Designated agent: Copyright Agent, Abibirem LLC, 11681 S 700 E, Suite 150, Draper, UT 84020, copyright@sunsumlive.com.

If your content was removed and you believe that was a mistake, you may send a counter-notice as the US Digital Millennium Copyright Act provides. We close the accounts of users who repeatedly infringe.

The service relies on Stripe, PayPal, Apple, Google, Spotify, YouTube and others. Your use of their services is also governed by their terms, and we are not responsible for them.

We may suspend or close your account, or stop you using the service, if you break these Terms, if we must by law, or to protect users, the public or Sunsum Live. Where we reasonably can, we will tell you why and give you a chance to respond.

Artists can delete their account in the app (Settings → Delete account) once they have withdrawn what they are owed and cancelled any paid plan. The account can be restored for 30 days using the link we email you.

Sections that by their nature should continue, including those on payments owed, refunds and disputes, content licences, disclaimers, liability and resolving disputes, continue after your account ends.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ARTIST WILL PERFORM OR PLAY A REQUESTED SONG.

TO THE FULLEST EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE AND US$100.

Nothing in these Terms limits liability that the law does not allow to be limited, such as liability for fraud, for death or personal injury caused by negligence, or, for consumers in the European Union or the UK, for loss caused by our breach of these Terms that was foreseeable.

To the extent the law allows, you will compensate us for claims, losses and costs (including reasonable legal fees) that third parties bring against us because of your content, your performances, or your breach of these Terms or the law. This does not apply to consumers where the law forbids it.

Talk to us first

Before starting arbitration or a court case, send a description of your claim to support@sunsumlive.com. We will try to resolve it with you within 60 days.

If you live in the United States: individual arbitration

If we cannot resolve it, you and we agree that any dispute about the service or these Terms will be resolved by binding individual arbitration under the Federal Arbitration Act, administered by the American Arbitration Association (AAA) under its consumer arbitration rules, and not in court. The arbitrator decides the dispute and may award the same individual relief a court could.

• Small claims: either of us may bring an individual claim in small claims court instead.
• Intellectual property: either of us may go to court to stop infringement or misuse of intellectual property.
• No class actions: you and we may bring claims only individually, not as a plaintiff or class member in a class, collective or representative proceeding, and the arbitrator may not combine claims of more than one person.
• Mass filings: if 25 or more similar claims are filed by or with the help of the same lawyers or organisation, they will be administered in batches of up to 25, with the next batch starting only when the previous one is resolved, unless both sides agree otherwise. the American Arbitration Association (AAA) will apply its mass-arbitration procedures to fees.
• Opting out: you can opt out of arbitration by emailing support@sunsumlive.com within 30 days of first accepting these Terms, with your name and a statement that you opt out. Opting out does not affect any other part of these Terms.
• If the class-action waiver is found unenforceable for a claim, that claim will be decided in court, not in arbitration.

Any claim not decided by arbitration will be brought only in the state or federal courts located in Salt Lake County, Utah, and you and we agree to their jurisdiction.

If you live outside the United States

Disputes will be decided by the courts. If you are a consumer, you may bring a claim in the courts where you live, and the mandatory consumer protections of the law where you live continue to apply.

Governing law

These Terms are governed by the laws of the State of Utah and, for the arbitration agreement, the Federal Arbitration Act, without regard to conflict-of-law rules, except where the law where you live requires otherwise.

We may change these Terms. We post the new version here with a new effective date. If a change is material, we tell artists by email or in the app at least 30 days before it takes effect. If you keep using the service after a change takes effect, you accept it; if you do not, stop using the service and, if you are an artist, delete your account.

These Terms and the Privacy Policy are the whole agreement between you and us about the service. If a court finds part of them unenforceable, the rest still applies. If we do not enforce a term, we have not waived it. We may transfer these Terms to a company that takes over Sunsum Live; you may not transfer them without our consent. We are not responsible for delays or failures caused by events beyond our reasonable control.

Contact: support@sunsumlive.com, or Abibirem LLC, 11681 S 700 E, Suite 150, Draper, UT 84020.