Terms of Service Last Updated: October 10, 2023 Please review these Terms of Service (the “Agreement”) carefully. By accessing or using the Service (as defined below), including by registering for an Enterprise Dashboard Account (as defined below), you are agreeing to this Agreement. This Agreement is between you and TIDAL Music LLC (“TIDAL ” or “we” or “us”) concerning your access to and use of the Enterprise Dashboard (the “Dashboard”) and any related web sites (together with any materials and services available therein, and successor site(s) and application(s) thereto, the “Service”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by TIDALthrough the Service, or otherwise made available to you by TIDAL. This Agreement contains a mandatory arbitration provision that, as further set forth in Section 16 below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Service, provided that, for material changes, we will seek to supplement such notice by email or other means. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your use of the Service following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Service; charge, modify or waive any fees required to use the Service; or offer opportunities to some or all Service users. 1. Eligibility. In order to access or use the Service, you must be a professional musician, songwriter, manager of professional musicians or songwriters, or a company or other organization in the music industry profession and meet our eligibility requirements as set out below. a. Age Requirement. By using the Service, you affirm that you are 18 years of age or older, or you are 13 years or older (“Minor”) and have express permission from your parent or guardian to use the Service. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to this Agreement and to fully indemnify and hold harmless TIDAL if the Minor breaches any of the terms of this Agreement. If you are under thirteen (13) years old, you are not permitted to access or use the Service, even if a parent or legal guardian would be willing to provide consent. b. Requirements for Organizations. If you are an individual accessing or using the Service on behalf of, or for the benefit of, any corporation or other organization (an “Organization”), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent, warrant and covenant that you have the legal authority to bind such Organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual accessing and/or using the Service and to any such Organization. c. Requirements for Groups. If you are an individual or an Organization accessing or using the Service not only on your own behalf or for your own benefit, but also on behalf of, or for the benefit of, any other individual, band or other group of individuals (a “Group”), then you are agreeing to this Agreement on behalf of yourself and such Group (including each member of the Group), and you represent, warrant and covenant that you have and will maintain the legal authority to bind such Group (including each member of the Group) to this Agreement. If a Group is using the Service, all individual members of such Group shall be jointly and severally liable to TIDAL for the Group's obligations and liabilities under the Agreement, including any claims arising out of or related to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual or Organization accessing and/or using the Service and to such Group (including each member of the Group). Upon our request at any time, you will provide us with written confirmation from each member of such Group that you have the legal authority to bind him or her to this Agreement, and that they are bound by this Agreement. If any member of such Group does not meet the age requirement set forth in Section 1(a), and you are not a parent or guardian of such member, you represent and warrant that such member has obtained parental or legal guardian consent to be bound by this Agreement, and that such parent or legal guardian has also agreed to be bound by this Agreement. Notwithstanding the foregoing, and as noted above, if you are under the age of thirteen (13), you are not permitted to access or use the Service, and cannot be included in a Group; accordingly, you must not access or use the Service on behalf of, or for the benefit of, any person under the age of thirteen (13) or any Group that includes any such person under the age of thirteen (13). 2. Registration. You may need to register an account to use all or part of the Service (“Enterprise Dashboard Account”). Because each Enterprise Dashboard Account may only be associated with one individual, one Organization or one Group, you may only register an Enterprise Dashboard Account on behalf of yourself, on behalf of your Organization or on behalf of your Group, as applicable. If you are registering an Enterprise Dashboard Account on behalf of an Organization or a Group, you represent and warrant that you have the authority to register an Enterprise Dashboard Account on behalf of such Organization or Group. You, and not TIDAL, are responsible for any use or misuse of your Enterprise Dashboard Account, and you must promptly notify us of any confidentiality breach or unauthorized access to your Enterprise Dashboard Account. 3. Text Message Authorization. When you register for an Enterprise Dashboard Account, you will be asked to provide a phone number for a device that can receive text messages. As part of our user authentication and security process, we will send a numeric code to the phone number that you provide to us at the time of registration and ask you to input the numeric code in order to complete your registration. We may also repeat the process of sending you a numeric code by text and asking you to input the code each time that you login from a device that we do not recognize. You consent to receiving the numeric codes by text message to the phone number that you provide by any means, including through an automated telephone dialing system. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. To no longer receive text messages, you must stop your use of the Service. 4. Third Party Services and Materials. We may make available the ability for you to log into, and connect your Enterprise Dashboard Account with, your, your Organization’s or your Group’s (as applicable) account(s) on certain third party platforms and services (each such service, a “Third Party Service” and, each such account, a “Third Party Service Account”). A Third Party Service Account may not be connected to more than one Enterprise Dashboard Account, and you will not be permitted to connect your Enterprise Dashboard Account with a Third Party Service Account that is already connected to another user’s Enterprise Dashboard Account. If you are a member of a Group, it is solely the responsibility of you and other Group members (and not TIDAL) to determine what Enterprise Dashboard Account will be used to connect to the Group’s Third Party Service Accounts. By connecting your Enterprise Dashboard Account with one or more Third Party Service Accounts, you hereby authorize and direct us to access each such Third Party Service Account through the applicable Third Party Service, on behalf of yourself, your Organization or your Group and each member of your Group (as applicable), to automatically access, retrieve, process and use any information, content and other materials associated with each such Third Party Service Account (“Third Party Service Materials”) to provide the Service (including to analyze, reformat and display such Third Party Service Materials in connection with the Service). You represent, warrant and covenant that you have and will have the right to authorize and direct us to access each such Third Party Service Account as set forth above. You may ask us to stop accessing, retrieving and processing information available on any particular Third Party Service by emailing us at artistsupport@tidal.com; you acknowledge that, if you do so, it may reduce the value of the Service to you. If you suspect or are aware of an unauthorized third party connecting your or your Group’s Third Party Service Account to such third party’s Enterprise Dashboard Account, you may contact us at artistsupport@tidal.com. Third Party Services may be subject to their own terms and conditions; if you connect your Enterprise Dashboard Account to any Third Party Service Account, you are solely responsible for complying with the terms and conditions of the applicable Third Party Service. If you are an Organization or a member of a Group, you are solely responsible for determining to whom, and the extent to which, Third Party Service Account information may be shared, and are solely responsible for ensuring that such sharing is in accordance with the terms and conditions of the applicable Third Party Service. We do not own, operate or control the Third Party Services, and we do not make any guarantees with respect to the accessibility or availability of any Third Party Service. Certain Service functionality may make available access to other information, products, services and materials made available by third parties (“Other Third Party Materials” and together with Third Party Service Materials, “Third Party Materials”), or allow for the routing or transmission of such Other Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Other Third Party Materials. We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, incomplete, misleading, false or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by TIDAL with respect to any Third Party Materials. We have no obligation to monitor or review Third Party Materials and may, at any time and for any reason, remove, block, disable or limit access to any Third Party Materials and/or Third Party Service and, if we remove, block, disable or limit such access, we will not access, retrieve and process information available on such Third Party Materials and/or Third Party Services that you have directed us to access on your behalf. In addition, the availability of any Third Party Materials through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials). 5. Information Submitted Through the Service. Your submission of information through the Service is governed by the TIDAL Enterprise Dashboard Privacy Policy, located at https://hi.fi/privacy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Service (including any information provided in connection with Third Party Services) is and will remain accurate and complete, and that you will maintain and update such information as needed. 6. Jurisdictional Issues. The Service is controlled or operated (or both) from the United States, and is not intended to subject TIDAL to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose. 7. Rules of Conduct. In connection with the Service, you must not: • Connect your Enterprise Dashboard Account with any Third Party Service Accounts for which you do not have the authority or right to connect. • If you registered an Enterprise Dashboard Account on behalf of an Organization or a Group, but are no longer part of that Organization or Group, continue to access or use such Enterprise Dashboard Account (if at any time you lose such authority, you will promptly notify us in writing of such loss of authority). • Register multiple Enterprise Dashboard Accounts for a single Organization or Group. • Impersonate or misrepresent your affiliation with any person or entity. • Make available through or in connection with the Service any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner. • Make available through or in connection with the Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”). • Attempt to probe, scan or test the vulnerability of any TIDAL system or network or breach any security or authentication measures. • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by TIDAL or any of TIDAL’s providers or any other third party (including another user) to protect the Service. • Use the Service for any purpose that is fraudulent or otherwise tortious or unlawful or in violation of any agreements that you, your Organization or your Group (as applicable) have entered into with any third parties. • Harvest or collect information about users of the Service. • Interfere with or disrupt the operation of the Service or the servers or networks used to make the Service available, including by hacking or defacing any portion of the Service; or violate any requirement, procedure or policy of such servers or networks. • Restrict or inhibit any other person from using the Service. • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Service except as expressly authorized herein, without TIDAL’s express prior written consent. • Reverse engineer, decompile or disassemble any portion of the Service, except where such restriction is expressly prohibited by applicable law. • Remove any copyright, trademark or other proprietary rights notice from the Service. • Frame or mirror any portion of the Service, or otherwise incorporate any portion of the Service into any product or service, without TIDAL’s express prior written consent. • Systematically download and store Service content. • Violate any applicable law or regulation. Finally, you must not encourage or enable any other person, i.e., an individual or entity (including an Organization or Group) to do any of the foregoing. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Service. 8. Feedback. If you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Service or otherwise, you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place TIDAL under any fiduciary or other obligation. TIDAL may freely use any Feedback that you provide without any obligation of compensation to you or any third party. 9. Monitoring. We reserve the right (but have no obligation) to monitor, scan, intercept, review, analyze, store, transcribe, alter or remove any information (including any messages, information, content or other materials sent to you, or received by you, in connection with the Services or their features or functionalities), at any time, including while it is in transit, and before and after it is stored or made available through the Services, and to monitor, review or analyze your access to or use of the Services, in each case by manual, automated or other means, and in each case for any purpose, including such purposes as may be described in the Privacy Policy. 10. Your Limited Rights. The Dashboard is licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by TIDAL to use the Dashboard, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to access the Dashboard from your web browser, and in the event the Dashboard becomes available to download as a mobile application, to download, install, and use the Dashboard on a mobile device that you own or control, solely as necessary to access and use the Service. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the Service. 11. TIDAL’s Proprietary Rights. We and our suppliers own the Service, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include TIDAL and any associated logos. All trade names, trademarks, service marks and logos on the Service not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained in the Service should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner. 12. Disclaimer of Warranties. To the fullest extent permitted under applicable law: (a) the Service (including your Enterprise Dashboard Account) and any Third Party Service Materials are made available to you on an “As Is,” “Where Is” and “Where Available” basis, without any warranties of any kind, whether express, implied or statutory; (b) TIDAL disclaims all warranties with respect to the Service and any Third Party Service Materials, including the warranties of satisfactory quality, merchantability, fitness for a particular purpose, non-infringement and title; and (c) TIDAL makes no warranty that the Service will meet your requirements and objectives. Providers of Third Party Services may separately provide limited representations and/or warranties regarding their Third Party Services and/or Third Party Service Materials; please check with such providers for further information. We make no representation or warranty that the Service or Third Party Materials will be accurate, complete, error-free or up-to-date. All disclaimers of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both TIDAL and its affiliates (each, an “Affiliate” and collectively, the “Affiliates”) and their respective directors, officers, employees, affiliates, agents, representatives, licensors and service providers , and their respective successors and assigns. An “Affiliate” shall mean and include any entity or association controlled by, controlling or under common control with TIDAL. For purposes of this definition, the term “control” shall mean the ownership (directly or indirectly) of more than fifty percent (50%) of either (i) the voting shares or similar voting instruments or the combined voting power in such entity or association or (ii) the total value of all stock, capital interest, or profits interest in such entity or association. While we try to maintain the timeliness, integrity and security of the Service, we do not guarantee that the Service is or will remain updated, complete, correct or secure, or that access to the Service will be uninterrupted. The Service may include inaccuracies, errors and materials that violate or conflict with this Agreement. 13. Limitation of Liability. To the fullest extent permitted under applicable law: (a) TIDAL will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, loss of other intangibles, even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, TIDAL will not be liable for damages of any kind resulting from your use of or inability to use the Service or Third Party Service Materials, including from any Virus that may be transmitted in connection therewith; (c) your sole and exclusive remedy for dissatisfaction with the Service or Third Party Service Materials is to stop using the Service; and (d) the maximum aggregate liability of TIDAL for all damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, shall be the greater of (I) Five Hundred Dollars ($500.00) or (II) the total amount, if any, paid by you to TIDAL to use the Service. All limitations of liability of any kind (including in this section and elsewhere in this Agreement) are made for the benefit of both TIDAL and the Affiliates, and their respective successors and assigns. 14. Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless TIDAL and the Affiliates, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of, resulting from, or relating to (a) your use of, or activities in connection with, the Service (including the use of Third Party Service Accounts connected to your Enterprise Dashboard Account and your use of the Service in connection with Third Party Services); (b) any breach, violation or alleged breach or violation of this Agreement by you; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; and (d) if you are a member of a Group (including a manager of a Group) any dispute or alleged dispute between or among members of such Group (including yourself) regarding your Enterprise Dashboard Account and/or the Service (including any issues relating to access to or use of the Service). 15. Termination. This Agreement is effective until terminated. TIDAL may terminate or suspend your use of the Service at any time and without prior notice, for any or no reason without any responsibility or liability to you, including if TIDAL believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Service will immediately cease, and TIDAL may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 5–9 and 11–18 shall survive any expiration or termination of this Agreement. 16. Governing Law; Dispute Resolution. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR SMALL CLAIMS CASES AS SET FORTH BELOW, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND TIDAL, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT TIDAL AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules, as amended by this Agreement. The Commercial Arbitration Rules are available online at https://adr.org. Any in-person appearances will be held in New York County, New York State. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. With respect to Groups, any and all disputes regarding an Enterprise Dashboard Account and/or the Service (including any access to or use thereof) between or among members of a Group must be handled directly among the members of such Group. You agree that all such disputes shall be addressed and without our involvement, that we will not be a party to any such dispute and that we shall have no liability or obligation to assist in any such dispute (for purposes of clarification, and without limiting our rights and remedies hereunder, any effort to bring us into any such dispute will be subject to this Section 16). While all other disputes are to be arbitrated, subject to applicable jurisdictional requirements, either may elect to pursue a Dispute in a local small-claims court rather than through arbitration so long as the matter remains in small claims court and proceeds only on an individual basis. If a party has already submitted an arbitration demand to the AAA, the other party may, in its sole discretion, inform the AAA that it chooses to have the Dispute heard in small claims court. At that time, the AAA will close the arbitration and the Dispute will be heard in the appropriate small claims court, with no fees due from the arbitration respondent. 17. Export Controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you or your Organization or Group (as applicable) are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users. 18. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and TIDAL. You agree and acknowledge that the Service (including any Third Party Services and/or Third Party Materials) do not constitute financial advice, advice concerning any asset or any other professional services, and TIDAL is not acting as a financial advisor to any person. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and TIDAL relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and TIDAL relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Service or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. TIDAL will not be responsible for any failure to fulfill any obligation due to any cause beyond its control. Service © 2023 TIDAL Music LLC unless otherwise noted. All rights reserved.