Last updated: August 2025
This sesh User Platform Terms (“User Platform Terms”) is a binding agreement between you (“User” or “you”) and Colkie Technology Inc. (“Colkie,” “our,” “us,” or “we”). These User Platform Terms governs your access and use of the fan website https://joinsesh.ai and the artist website https://seshforartists.ai (each, a “Website”), our mobile applications that you download from an authorized distribution site, such as the Apple App Store® or the Google Play Store® (each, an “Application”), and our next-gen fan community platform, whether provided to you online or offline, as an artist or as a fan (including through wallet cards that fans may receive in their mobile device’s wallet application or when you interact with a campaign on social media, streaming media, and other similar sites) (the “sesh Service”). We refer to our Website, Application, and the sesh Service in these User Platform Terms as our “sesh Platform.” If you are an artist using our sesh Platform, your use of the sesh Platform is also governed by our Artist User Platform Terms that are hereby incorporated as if fully set forth in these User Platform Terms. User Platform Terms. In the event of any conflict or inconsistency between these User Platform Terms and the Artist User Platform Terms, the Artist User Platform Terms will control for artists only (and the Artist User Platform Terms will have no force or effect for fans).
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
The sesh Platform is offered and available to users who 16 years of age or older. If you are accessing the sesh Platform on behalf of a corporation, government entity, or other legal entity, you further represent and warrant that you have the right, power, and authority to enter into these User Platform Terms on behalf of such corporation, government entity, or other legal entity. By using the sesh Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the sesh Platform.
Subject to the terms of these User Platform Terms (and, for artists, except as otherwise set forth in the Supplemental Artists Platform Terms), Colkie grants you a limited, non-exclusive and nontransferable license to:
For Application Users on Apple iOS® platforms: You and Colkie acknowledge that these User Platform Terms is entered into between you and Colkie and not with Apple, Inc. Colkie is solely responsible for the Application and any content contained therein. These User Platform Terms incorporates by reference the Licensed Application End User License User Platform Terms (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these User Platform Terms, the “Application” is considered the “Licensed Application” as defined in the LAEULA and Colkie is considered the “Application Provider” as defined in the LAEULA. If any terms of these User Platform Terms conflict with the terms of the LAEULA, the terms of these User Platform Terms shall control. You also acknowledge that you have reviewed the Apple App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS) and that such terms further apply to your use of the Application. The license granted in these User Platform Terms is non-transferable and you may only use the Application on Apple-branded products that you own or control as permitted by the Apple Media Services Terms and Conditions, (located online at https://www.apple.com/legal/internet-services/itunes/us/terms.html) (the “MSTC”), except that the Application may also be accessed and used by other accounts associated with the Licensee via volume purchasing. Any references in these User Platform Terms to the “User Platform Terms” includes the LAEULA and the MSTC.
You agree that you will not:
In addition to the foregoing, if you sell, return, or otherwise dispose of your mobile device, you must remove the Application from your mobile device before doing so.
Colkie will have no liability for errors, unreliable operation, or other issues resulting from use of the sesh Platform on or in connection with rooted or jail broken devices or use on any Mobile Device that is not in conformance with the manufacturer’s original specifications, including, but not limited to, use of modified versions of the operating system (collectively, “Modified Devices”). Use of the sesh Platform on Modified Devices will be at your sole and exclusive risk and liability.
You acknowledge and agree that each component of the sesh Platform is provided under license, and not sold, to you. You do not acquire any ownership interest in any component of the sesh Platform under these User Platform Terms, or any other rights thereto other than to use the sesh Platform in accordance with the license granted, and subject to all terms, conditions and restrictions, under these User Platform Terms. Colkie reserves and shall retain its entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in these User Platform Terms.
We reserve the right to withdraw or amend the sesh Platform, and any service or material we provide on the sesh Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the sesh Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the sesh Platform, or the entire sesh Platform, to users, including registered users.
You are responsible for:
To access the sesh Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the sesh Platform that all the information you provide on the sesh Platform is correct, current and complete. You agree that all information you provide to register with the sesh Platform or otherwise, including but not limited to through the use of any interactive features on the sesh Platform, is governed by our Privacy Notice, and you consent to all actions we take with respect to your information consistent with our Privacy Notice.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the sesh Platform or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these User Platform Terms.
You acknowledge that when you download, install or use the sesh Platform, Colkie may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device or web browser and about your use of the sesh Platform. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the sesh Platform or certain of its features or functionality, and the sesh Platform may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with the sesh Platform is subject to our Privacy Notice. By downloading, installing, using and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.
The sesh Platform may provide you with access to certain features, functionality and content accessible on or through the Application or Website (collectively, “Content and Services”). Your access to and use of such Content and Services are governed also governed by these User Platform Terms. Your access to and use of such Content and Services may require you to acknowledge your acceptance of these User Platform Terms and Privacy Notice and/or to register with the sesh Platform and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality.
Colkie may from time to time in its sole discretion develop and provide sesh Platform updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete certain features and functionality in part or in their entirety. You agree that Colkie has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Updates for the Websites and the sesh Service may occur without notice. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
You shall promptly download and install all Updates to the Application and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of these User Platform Terms.
The sesh Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials under a username (collectively, “User Contributions”) on or through the sesh Platform.
All User Contributions must comply with the Content Standards set out in these User Platform Terms.
Any User Contributions will be considered non-confidential and non-proprietary. You own and will retain all right, title, and interest in and to any User Contributions, subject to the license granted to us in this paragraph. We own and will retain all right, title, and interest in and to all derivative works of the User Contributions made by or on behalf of Colkie subject to Artist’s rights in any User Contributions. By providing any User Contributions on the sesh Platform, you hereby grant to Colkie and our affiliates, and each of our respective direct and indirect licensees (including artist who you follow if you are a fan), successors, and assigns, a non-exclusive, perpetual, irrevocable, freely transferable and sublicensable, fully paid-up and royalty-free right and license to use all User Contributions, including all copyrights and other intellectual property rights therein and all renewals and extensions thereof, in all formats and media, whether now known and existing or hereafter discovered or developed, throughout the universe, for all or any purposes necessary or useful related to the lawful operation of the sesh Platform (including to advertise or market the availability of the sesh Platform and the availability of your or any other third-party content on it). For the purposes of clarity and without limiting the foregoing, you agree that the foregoing license gives Colkie and our affiliates, and each of our respective direct and indirect licensees (including artist who you follow if you are a fan), successors, and assigns, the right (a): to modify, edit, combine with other materials, translate, include in collective works, and otherwise create derivative works of the User Contributions; and (b) to use, modify, distribute, reproduce, perform (publicly or otherwise), display (publicly or otherwise), and transmit the User Contributions, including any derivative works of the User Contributions, in whole or in part, for any purpose necessary or useful related to the lawful operation of the Artist Services.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Colkie, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the sesh Platform.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the sesh Platform. YOU WAIVE AND HOLD HARMLESS COLKIE AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
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We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the sesh Platform infringes your copyright, you may request removal of those materials (or access to them) from the sesh Platform by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
[Copyright Agent Name]
[Copyright Agent Address]
[Copyright Agent Phone]
[Copyright Agent Email]
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the sesh Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Offenders: Please note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Colkie is committed to combating all forms of Child Sexual Exploitation and Abuse (CSEA). CSEA includes content or behaviors that sexually abuse, exploit, or endanger minors. This encompasses, but is not limited to, the following prohibited activities:
Publishing, sharing, storing, or distributing any content involving CSEA on sesh is strictly prohibited. Detecting, reporting, and preventing CSEA is a priority for us. If we identify activities related to CSEA, we will take immediate action, which may include suspending or terminating accounts, notifying relevant authorities, and assisting in legal investigations.
Users are responsible for ensuring that their content complies with this policy and does not violate any applicable regulations related to the protection of minors. If you become aware of content or behaviors that may involve CSEA, please report it immediately to support@joinsesh.ai.
The information presented on or through the sesh Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the sesh Platform, or by anyone who may be informed of any of its contents.
This sesh Platform includes content provided by third parties, including materials provided by other users, artists, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Colkie, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Colkie. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
The term of these User Platform Terms commences when you acknowledge your acceptance and will continue in effect until terminated by you or Colkie as set forth in this Section 13.
You may terminate these User Platform Terms by deleting the Application and all copies thereof from your Mobile Device, deleting your account, and ceasing your use of the sesh Platform.
Colkie may terminate these User Platform Terms at any time without notice if it ceases to support the sesh Platform, which Colkie may do in its sole discretion. In addition, these User Platform Terms will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these User Platform Terms.
Upon termination:
Termination will not limit any of Colkie’s rights or remedies at law or in equity.
We may update the content on the sesh Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the sesh Platform may be out of date at any given time, and we are under no obligation to update such material.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This sesh Platform may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these User Platform Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If the sesh Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the sesh Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
THE SESH PLATFORM IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COLKIE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SESH PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SESH PLATFORM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COLKIE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SESH PLATFORM OR THE CONTENT AND SERVICES FOR:
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COLKIE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
For Application Users on Apple iOS® platforms: Subject to the above, Colkie and you acknowledge that Colkie, not Apple, Inc., are responsible for addressing any claims of User or any third party relating to the Application or your possession and/or use of the Application, including, but not limited to (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application’s use of the HealthKit and HomeKit frameworks
The sesh name, the term “sesh for Artists,” the sesh logo and all related names, logos, product and service names, designs and slogans are trademarks of Colkie or its affiliates or licensors. You must not use such marks without the prior written permission of Colkie. All other names, logos, product and service names, designs and slogans on the sesh Platform are the trademarks of their respective owners.
You and Colkie acknowledge that, in the event of any third-party claim that the sesh Platform or your use of the sesh Platform infringes any third party's intellectual property rights, Colkie, not Apple, Inc, will be solely liable for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Should the sesh Platform be found to infringe any intellectual property rights of a third party, your sole remedy shall be either to cease using the sesh Platform or to use a non-infringing version of the sesh Platform should Colkie choose to provide you with such a non-infringing version.
You agree to indemnify, defend and hold harmless Colkie and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the sesh Platform or your breach of these User Platform Terms. Furthermore, you agree that Colkie assumes no responsibility for the content you submit or make available through the sesh Platform.
The sesh Platform may be subject to export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the sesh Platform to, or make the sesh Platform accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the sesh Platform available outside the US. In particular, but without limitation, you shall not export or re-export the sesh Platform: (a) into any U.S.-embargoed countries; or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the sesh Platform, you further represent and warrant that you are not located in any such country or on any such list. You also further represent, warrant, and covenant that you shall not use the sesh Platform in any way related to any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
If any provision of these User Platform Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these User Platform Terms will continue in full force and effect.
These User Platform Terms is governed by and construed in accordance with the internal laws of New York, USA (if you are in the United States) or Spain (if you are in outside the United States) without giving effect to any choice or conflict of law provision or rule. In the event of any dispute, controversy, or claim arising out of or relating to this agreement, its interpretation, performance, breach, termination, or validity, the parties shall endeavor to resolve it amicably. If an amicable resolution is not achieved within a reasonable period, any legal suit, action or proceeding arising out of or related to these User Platform Terms or the sesh Platform shall be instituted exclusively in the courts of the Borough of Manhattan, New York, USA if you are located in the United States, and the courts of Madrid, Spain if you are located elsewhere. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
These User Platform Terms and our Privacy Notice (and if you are an artist, sesh Artist User Platform Terms) constitute the entire agreement between you and Colkie with respect to the sesh Platform and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the sesh Platform.
For Application Users on Apple iOS® platforms: You further acknowledge that Apple, Inc. and its subsidiaries are third party beneficiaries of these User Platform Terms and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce these User Platform Terms.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these User Platform Terms and any applicable purchase or other terms, the terms of these User Platform Terms shall govern.
We may revise and update these User Platform Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the sesh Platform thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the sesh Platform.
Your continued use of the sesh Platform following the posting of revised User Platform Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
This website is operated by Colkie Technology, S.L., C / General Asensio Cabanillas 27, 28003, Madrid, Spain.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@joinsesh.ai.
These sesh Supplemental Artist Platform Terms (“Supplemental Artist Platform Terms”) supplement and are subject to our User Platform Terms, and are incorporated in and made part of the User Platform Terms as if fully set forth therein. All capitalized terms used but not defined in these Supplemental Artist Platform Terms have the meaning set forth in the User Platform Terms. These Supplemental Artist Platform Terms only apply to artists (“Artist” or “you”) who use the sesh Platform with an “Artist Account” and the services we provide through it, such as a distribution of content created by you, including photos, videos, audio, livestream, and other similar material (“Artist Content”), virtual space for you and other users of the sesh Platform (“Users”) to interact (“Community”), and others (collectively, “Artist Services”). The Artist Account also provides access to our artist website at https://seshforartists.ai (the “sesh Artist Website”). We may introduce additional features and functionality to the sesh Platform or sesh Artist Website. These additional features and functions may be subject to additional terms and conditions specific to that feature (“Additional Feature Terms”). Notwithstanding anything to the contrary in the User Platform Terms, in case of a conflict, inconsistency, or ambiguity between the Standard Contractual Clauses, the body of these Supplemental Artist Platform Terms, the following order of precedence governs: (a) first, the Standard Contractual Clauses; (b) second, solely for the additional features, the Additional Feature Terms (bc) second, the body of these Supplemental Artist Platform Terms; and (cd) third, the User Platform Terms.
Artist Services are offered and available to users who are of legal age to form a binding contact. If you are using Artist Services on behalf of a corporation, government entity, or other legal entity, you further represent and warrant that you have the right, power, and authority to enter into these Supplemental Artist Platform Terms on behalf of such corporation, government entity, or other legal entity. By using Artist Services, you represent and warrant that you are of legal age to form a binding contract with Colkie and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use Artist Services.
We may revise and update these Supplemental Artist Platform Terms from time to time in our sole discretion. We will give you reasonable advance notice of such changes and their effective date. Following that date, the new terms apply to all access to and use of Artist Services thereafter.
Your continued use of Artist Services following the posting of revised Supplemental Artist Platform Terms means that you accept and agree to the changes. You are expected to check this page regularly, so you are aware of any changes, as they are binding on you.
Notwithstanding anything to the contrary in the User Platform Terms, but subject to these Supplemental Artist Platform Terms, Colkie grants you a limited, non-exclusive, and non-transferable license to:
In order to obtain an Artist Account, you must first have a non-Artist Account (“User Account”) in good standing on the sesh Platform. When applying through our Artist Registration Page, you will need to provide you name, email address, and link to your Spotify account.
When submitting an application, you represent and warrant that:
We may further ask you to provide proof of your identity or career. For example, we may ask you for:
We reserve the right to reject your application for any reason and are not required to provide a reason for our decision.
Once the application is accepted, we will create a Community on the sesh Platform for your Artist Account. You will be able to share Artist Content. Notwithstanding anything to the contrary in the User Platform Terms, you may share your username, password, or security information to Artist Agents, provided, however, that you remain responsible at all times for their acts and omissions related to their use of such credentials or other use of the Artist Services. Additionally, you will be granted access to an external platform where you can access Fan Data as permitted by these Supplemental Artist Platform Terms. Except as otherwise set forth in these Supplemental Artist Platform Terms, all Artist Content is considered “User Content” and subject to all relevant terms and conditions with respect to User Content set forth in the User Platform Terms. Notwithstanding anything to the contrary in the User Platform Terms, Artist Content may involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, bartering, or advertising in accordance with applicable laws, provided, however, Colkie assumes no responsibility for and is not liable for any such contests, sweepstakes, or any such activities by Artist.
You warrant that:
Any Artist Content will be considered non-confidential and non-proprietary. You own and will retain all right, title, and interest in and to any Artist Content, subject to the license granted to us in this paragraph. We own and will retain all right, title, and interest in and to all derivative works of the Artist Content made by or on behalf of Colkie subject to Artist’s rights in any Artist Content, including but not limited to, screenshots of Communities, short video clips, and promotional posts. By providing any Artist Content on the sesh Platform, you hereby grant to Colkie and our affiliates, and each of our respective direct and indirect licensees, successors, and assigns, a non-exclusive, perpetual, irrevocable, freely transferable and sublicensable, fully paid-up and royalty-free right and license to use all Artist Content, including all copyrights and other intellectual property rights therein and all renewals and extensions thereof, in all formats and media, whether now known and existing or hereafter discovered or developed, throughout the universe, for all or any purposes necessary or useful related to the lawful operation of the sesh Platform (including to advertise or market the availability of the sesh Platform and the availability of your or any other third-party content on it). For the purposes of clarity and without limiting the foregoing, you agree that the foregoing license gives Colkie and our affiliates, and each of our respective direct and indirect licensees, successors, and assigns, the right (a): to modify, edit, combine with other materials, translate, include in collective works, and otherwise create derivative works of the Artist Content; and (b) to use, modify, distribute, reproduce, perform (publicly or otherwise), display (publicly or otherwise), and transmit the Artist Content, including any derivative works of the Artist Content, in whole or in part, for any purpose necessary or useful related to the lawful operation of the Artist Services.
In addition to the Content Standards and other restrictions enumerated in the User Platform Terms, you shall not use Artist Services or any Fan Data:
If we have determined you have violated these Supplemental Artist Platform Terms, Content Standards, or any other relevant term, we may take some or all of the following actions, potentially without first notifying you or obtaining your consent:
You may request a review of our decision by contacting us at support@joinsesh.ai.
Without limiting the foregoing, you hereby grant to Colkie and its affiliates, and each of their respective direct and indirect successors, licensees, and assigns, the rights to use your name, image, likeness, and biographical, professional, and other identifying information (including information you provide to us and any other information about you that is publicly available) (collectively, “Likeness”) in connection with the Artist Services, including to advertise and promote the sesh Platform (including the sesh Artist Website), in whole or in part. You. Hereby waive the right to inspect or approve any use of your Likeness as contemplated by these Supplemental Artist Platform Terms or as necessary or useful to provide the Artist Services and the sesh Platform.
Either party may terminate these Supplemental Artist Platform Terms. You can terminate these Supplemental Artist Platform Terms at any time by deleting your Artist Account through the Account Configuration section in the Application. Once your Artist Account and your Community has been deleted, you will not have access to your former Artist Account, your Artist Content and Fan Data in your Community.
We reserve the right in our sole discretion to immediately terminate these Supplemental Artist Platform Terms and your Artist Account without prior notice and may do so if:
Sections 7 (Termination), 8 (Fan Data License; Data Protection), 9 (Disclaimer Warranties), 10 (Limitation of Liability), 11 (Indemnification), 12 (Governing Law and Jurisdiction), 13 (Waiver and Severability), and 16 (Entire Agreement) survive the termination of these Supplemental Artist Platform Terms.
Subject to the terms and conditions of these Supplemental Artist Platform Terms (including Section 5), Colkie hereby grants Artist a limited, royalty-free, fully paid-up, non-exclusive, non-transferable, and non-sublicensable license to any and all information, data, materials, works, expressions, or other content that are uploaded, submitted, posted, transferred, transmitted, or otherwise provided or made available by Artist’s fans through the Platform (“Fan Data”)
The parties agree and acknowledge that each party is an independent controller with respect to Fan Data, and each party shall comply with their obligations, under any statute, law, secondary legislation and regulation relating to the protection of personal data and privacy in force from time to time which is applicable to the parties (“Data Protection Legislation”) in connection with the performance of their respective obligations under the Supplemental Artist Platform Terms. For the avoidance of doubt, Data Protection Legislation includes, where applicable: (a) the UK Data Protection Act 2018 and the UK GDPR (which has the meaning given to it in the UK DPA) (collectively, the “UK GDPR”); (b) the General Data Protection Regulation (EU) 2016/679 (“EU GDPR”), and (c) the California Consumer Privacy Act of 2018 (“CCPA”) each as amended, updated, re-enacted, supplemented, superseded or replaced from time to time.
In the event of any accidental, unlawful, or unauthorized use, modification, loss, compromise, destruction, or disclosure of, or access to, Personal Data (“Security Incident”), the party that suffered the Security Incident (“Affected Party”) shall notify the other within 48 hours after becoming aware of the Security Incident, but in no event later than any periods required by applicable Data Protection Laws. The Affected Party agrees to maintain and preserve all documents, records, and other data related to any Security Incident, including, without limitation, the results of its own investigations and authorities’ investigations as well as remedial actions taken.
International Transfers
To the extent that Personal Data (as defined in the EU and UK GDPR) is transferred from the EEA, Switzerland, or the United Kingdom to a country that has not been designated as adequate by the relevant authorities in the EEA, Switzerland or the United Kingdom, and the transfer of Personal Data is not covered by an alternative transfer mechanism that is recognized by such relevant authorities as providing an adequate level of protection (such as Binding Corporate Rules), then the parties agree to incorporate the EU Standard Contractual Clauses pursuant to EU Commission Decision 2021/914/EU (the “Clauses”) by reference into the Supplemental Artist Platform Terms in accordance with the terms below:
If either party is prevented from lawfully transferring personal data, the parties shall negotiate in good faith any terms or conditions to enable said transfer.
THE ARTIST SERVICES, ARE PROVIDED “AS IS” AND “AS-AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTIES OF ANY KIND. COLKIE AND ITS VENDORS AND LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND TITLE/NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COLKIE OR ITS AUTHORIZED REPRESENTATIVES WILL CREATE ANY OTHER WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF COLKIE’S OBLIGATIONS HEREUNDER. THE ARTIST SERVICES MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT COLKIE AND ITS VENDORS AND LICENSORS DO NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED THIRD PARTIES (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE DATA (INCLUDING FAN DATA AND ARTIST CONTENT), WEB-SITES, COMPUTERS, OR NETWORKS. COLKIE WILL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE RESPONSIBLE FOR PRESERVING AND MAKING ADEQUATE BACKUPS OF ITS DATA.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COLKIE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE ARTIST SERVICES FOR:
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COLKIE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless Colkie and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of Artist Services. Furthermore, you agree that Colkie assumes no responsibility for the content you submit or make available through Artist Services.
These Supplemental Artist Platform Terms is governed by and construed in accordance with the internal laws of New York, USA (if you are in the United States) or Spain (if you are in outside the United States) without giving effect to any choice or conflict of law provision or rule. In the event of any dispute, controversy, or claim arising out of or relating to this agreement, its interpretation, performance, breach, termination, or validity, the parties shall endeavor to resolve it amicably. If an amicable resolution is not achieved within a reasonable period, any legal suit, action or proceeding arising out of or related to these Supplemental Artist Platform Terms shall be instituted exclusively in the courts of Borough of Manhattan, New York, USA if you are located in the United States, and the courts of Madrid, Spain if you are located elsewhere. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No waiver by Colkie of any term or condition set forth in these Supplemental Artist Platform Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Colkie to assert a right or provision under these Supplemental Artist Platform Terms shall not constitute a waiver of such right or provision.
If any provision of these Supplemental Artist Platform Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Supplemental Artist Platform Terms will continue in full force and effect.
Artist and Colkie understands that Artist is an independent contractor of Colkie, and Colkie is an independent contractor of Artist, and these Supplemental Artist Platform Terms do not create any association, partnership, joint venture, employee, or agency relationship between Artist and Colkie for any purpose. Neither Colkie nor Arist will have any authority (and will not hold themselves out as having any authority) to bind the other and will not make any agreements or representations on behalf of the other without the other party’s prior written consent. Notwithstanding anything to the contrary, neither party is responsible for withholding or paying any income, payroll, social security, or other taxes, making any insurance contributions, including unemployment or disability, or obtaining worker’s compensation insurance on the other party’s behalf. Each party is solely responsible for all such taxes and contributions, including penalties and interest. Each Party is not eligible under these Supplemental Artist Platform Terms to participate in any of the other party’s employee benefits, such as time off, medical, profit sharing, or retirement benefits.
Artist understands that these Supplemental Artist Platform Terms are personal to Artist. Artist will not assign or otherwise transfer any of their rights, or delegate, subcontract, or otherwise transfer any of their obligations or performance under these Supplemental Artist Platform Terms other than to have their obligations performed on their behalf by Artist’s agents or other personnel that assist Artist with performing or providing the Artist Services (each, an “Artist Agent”), provided, however, that Artist is and shall remain fully responsible for the acts and omissions of any such Artist Agent related to the performance under these Supplemental Artist Platform Terms. Any attempt to assign, delegate, or transfer in violation of this paragraph is null and void. Colkie may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer any of its obligations or performance under these Supplemental Artist Platform Terms. These Supplemental Artist Platform Terms are binding upon and inures to the benefit of the parties and their respective permitted successors and assigns.
The Supplemental Artist Platform Terms, User Platform Terms, and our Privacy Notice constitute the sole and entire agreement between you and Colkie with respect to Artist Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to Artist Services.
Artist Services are provided by Colkie Technology, S.L., C / General Asensio Cabanillas 27, 28003, Madrid, Spain.
All other feedback, comments, requests for technical support and other communications relating to Artist Services should be directed to: support@joinsesh.ai.
Appendix A
Data Processing Purposes and Details
Colkie Technology Inc. (“Colkie” or “we” or “us”) respects your privacy and are committed to protecting it through our compliance with this privacy notice.
This Privacy Notice (our “Privacy Notice”) describes the types of information we may collect, use, maintain, protect, disclose, or otherwise process about you when you visit the fan website www.joinsesh.ai and artist website seshforartists.ai (each, a “Website”), install and use our mobile applications that you download from an authorized distribution site, such as the Apple App Store® or the Google Play Store® (each, an “Application”), and use our next-gen fan community platform, whether provided to you online or offline, as an “Artist” or as a “Fan” (including through wallet cards that Fans may receive in their mobile device’s wallet application or when you interact with a campaign on social media, streaming media, and other similar sites) (the “sesh Service”) and our practices for collecting, using, maintaining, protecting, disclosing, or otherwise processing that information. We refer to our Website, Application, and the sesh Service in this Privacy Notice as our “sesh Platform.”
As used herein, “Artist” shall mean a person who uses the sesh Platform with an “Artist Account,” including the Artist Website seshforartists.ai, and the services we provide through it, such as a distribution of content created by you, including photos, videos, audio, livestream, and other similar material (“Artist Content”), virtual space for you and other users of the sesh Platform (“Users”) to interact (“Community”), and others (collectively, “Artist Services”).
As used herein, “Fan” shall mean a person who uses the sesh Platform with an “Fan Account,” including the Fan website www.joinsesh.ai, and the services we provide through it, such as a distribution of content created by you, including photos, videos, audio, livestream, and other similar material (“Fan Content”), virtual space for you and other users of the sesh Platform (“Users”) to interact (“Community”), and others (collectively, “Fan Services”).
This policy applies to information we collect:
It does not apply to information collected by:
Please read this Privacy Notice carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use any parts of the sesh Platform. By accessing or using any of the sesh Platform, you agree to this Privacy Notice. This Privacy Notice may change from time to time (see Changes to Our Privacy Notice). Your continued use of any of any part of the sesh Platform after we make changes is deemed to be acceptance of those changes, so please check this Privacy Notice periodically for updates.
The sesh Platform is not intended for children under 16 years of age. No one under age 16 may provide any information to or on any of the sesh Platform. We do not knowingly collect Personal Data from children under 16. If you are under 16, do not use or provide any information on any part of the sesh Platform or on or through any of their respective features, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received Personal Data from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information directly from a child under 16, please contact us at privacy@joinsesh.ai.
Throughout this Privacy Notice, the term “Personal Data” means any information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or device. However, Personal Data does not include any deidentified or aggregated information.
We collect Personal Data from various sources, including:
We collect the following types of Personal Data directly from you when you access or use any of the sesh Platform: real name, alias, postal address, unique personal identifier, email address, telephone number, account name, age, national origin, records of goods and services purchased, obtained, or considered to be purchased or obtained, Artists that you are interested in, and any other identifier by which you may be contacted online or offline. In addition, we also collect other types of information that you may provide when you fill out a form or through your correspondence with us, including when applying for an Artist’s account as a Fan, or when posting campaigns and other communications to Fans as an Artist.
The Personal Data we collect on or through the sesh Platform include:
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the sesh Platform or transmitted to other users of the sesh Platform (including Artists and other Fans) or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the sesh Platform with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
As you navigate through and interact with the sesh Platform, we may use automatic data collection technologies to collect certain Personal Data about your interaction with the sesh Platform, including information about your equipment, browsing actions, and patterns. This includes:
The information we collect automatically may include Personal Data or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us to improve the sesh Platform and to deliver a better and more personalized service by enabling us to:
The technologies we use for this automatic data collection may include:
You can set your browser or mobile operating system to refuse all or some browser cookies, or to alert you when cookies are being sent. However, if you do not consent to our use of cookies or select this setting you may be unable to access certain parts of our Websites or Applications. You can find more information about cookies at http://www.allaboutcookies.org and http://youronlinechoices.eu. More information about our use of specific cookies and how long they remain on your device can be found by clicking the “cookie” link on our Websites and Applications and reviewing the specific cookies listed under each category of cookies. In addition, some mobile operating systems may provide you with options to prevent the Applications to track your activities over time and across other activities on that mobile device.
Third-Party Use of Cookies and Other Tracking Technologies
Some content or applications, including advertisements, on the Websites or Applications are served by third parties, including Artists you follow, advertisers, ad networks and servers, content providers, analytics providers, social media companies, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the sesh Platform. The information they collect may be associated with your Personal Data or they may collect information, including Personal Data, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. They may also provide certain analytics and other information about you, and your interaction with their services to us and to Artists, such as how often you may have listened to a song or watched a video on a streaming service used by an Artist.
We do not control these third parties’ tracking technologies or how they may be used by those third parties. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.
BY CONTINUING TO ALLOW US TO USE ANY OF THE ABOVE DESCRIBED TECHNOLOGIES, YOU HEREBY CONSENT TO OUR RECORDING YOUR MOUSE MOVEMENTS, KEYSTROKES, NAVIGATION PATHWAYS, CLICKS, USE AND COMMUNICATIONS YOU MAY HAVE WITH THE SESH PLATFORM (INCLUDING INFORMATION RELATED TO YOUR ACCESS TO, PURCHASE OR RENT OF, OR INTEREST IN ANY AUDIO-VISUAL MATERIALS AVAILABLE ON OR THROUGH THE SESH PLATFORM), AND OTHER ACTIONS THAT YOU TAKE ON OR THROUGH ANY THE SESH PLATFORM AND OUR DISCLOSURE OF SUCH RECORDED INFORMATION TO THIRD-PARTY PROVIDERS OF SUCH TOOLS.
We may also create certain information about you. When we associate this information with other Personal Data about you, we consider this information to be Personal Data. This information includes: unique identifiers, records of personal property, products, or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, behavioral characteristics, and profiles reflecting your preferences, behavior, and attitudes.
We may collect Personal Data from third parties, which may include information we receive through Artists and their agents, managers, or other staff. When we associate this information with other Personal Data about you, we consider this information to be Personal Data. This information includes: unique personal identifiers and records of goods and services purchased, obtained, or considered to be purchased or obtained.
We use information that we collect about you or that you provide to us, including any Personal Data:
We may further anonymize or aggregate your Personal Data in accordance with applicable law such that it can no longer reasonably be used to identify you and use it without restriction.
We may also use your Personal Data to contact you about our own and third parties’ goods and services that may be of interest to you and of events, campaigns, promotions, and other updates and information from or about Artists that you subscribe to. If you do not want us to use your Personal Data in this way, you may opt-out of some of these uses by checking the relevant box located on the form on which we collect your Personal Data. If you wish to change your choice, you may do so at any time by logging into the Websites or Applications and adjusting our user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request at support@joinsesh.ai. For more information, see Choices About How We Use and Disclose Your Information.
We may use the information we have collected about you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Data for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria. We may also use the information we have collected about you to enable us to display advertisements to the target audience of Artists who use the sesh Platform or for them to contact and interact with their Fans. If you do not want an Artist to use your Personal Data for this purpose, do not subscribe to or otherwise follow that Artist.
We do not share, sell, or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Notice. However, we may disclose anonymized or aggregated information about our users, and information that does not reasonably identify any individual, without restriction.
We may disclose Personal Data that we collect or you provide as described in this Privacy Notice:
We may also disclose your Personal Data:
We do not control the collection and use of your information collected by third parties described above in Disclosure of Your Information. When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.
In addition, we strive to provide you with choices regarding the Personal Data we have collected about you through your use of the sesh Platform. We have created mechanisms to provide you with control over your Personal Data:
We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can learn more about interest-based advertisements and your opt-out rights and options from members of the Network Advertising Initiative (“NAI”) on its website (www.networkadvertising.org) and from members of the Digital Advertising Alliance on its website (www.aboutads.info).
You can review and change your Personal Data by logging into the Website or Application and visiting your account profile page.
If you delete your User Contributions from the Website or Application, copies of your User Contributions may remain viewable in cached and archived pages or might have been copied or stored by other users of the Websites or Applications. Proper access and use of information provided on the Websites and Applications, including User Contributions, is governed by our terms of use and, by an Artist, by our agreement with that Artist.
The jurisdiction in which you are a resident or are located may provide you with additional rights and choices regarding your Personal Data. Please see Jurisdiction-Specific Privacy Rights for more Information.
The law in some jurisdictions may provide you with additional rights regarding our use of Personal Data. To learn more about any additional rights that may be applicable to you as a resident of one of these jurisdictions, please see the privacy addendum for your jurisdiction that is attached to this Privacy Notice.
If you are a resident of the European Economic Area, Switzerland, or the United Kingdom, you have the additional rights described in our GDPR Privacy Addendum
California Civil Code Section 1798.83 (California’s “Shine the Light” law) permits users of our Websites and Applications that are California residents and who provide Personal Data in obtaining products and services for personal, family, or household use to request certain information regarding our disclosure of Personal Data to third parties for their own direct marketing purposes. If applicable, this information would include the categories of Personal Data and the names and addresses of those businesses with which we shared your Personal Data with for the immediately prior calendar year (e.g., requests made in 2022 will receive information regarding such activities in 2021). You may request this information once per calendar year. To make such a request, please send an email to privacy@joinsesh.ai.
California law permits minors under the age of 18 to request the removal of your User Contributions, subject to certain exceptions. If you are under the age of 18 in California, you may contact us using the Contact Information below (if you contact us via email, please use the subject “California Eraser Law Request”). We may not remove your User Contributions that we are required to retain under any federal or state law, or that have been provided to a third party. While we will do our best to remove a minor’s information upon a valid request, we cannot ensure the complete or comprehensive removal of your User Contributions from our Websites or Applications or any information that has been republished, copied, downloaded, or reposted by any third party (including by any Artist), and we cannot guarantee that any such information may not be accessible to users of the Internet in the future. We do not advertise or market any of the products or services identified in California Business and Professionals Code Section 22580(i) to users who we have actual knowledge are under 18 years of age.
We may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.
Some web browsers and browser extensions permit you to broadcast the Global Privacy Control signal (“GPC Signal”) as specified https://www.globalprivacycontrol.org. At this time, we do not honor such signals, and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.
We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the sesh Platform, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information with Artists and in public areas of the sesh Platform, like message boards. The information you share in public areas may be viewed by any user of the sesh Platform, including by Artists and other Fans.
Unfortunately, the transmission of information via the internet is not completely secure. Although we have implemented measures to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to the sesh Platform. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures deployed on the Websites or through our Applications.
In order to provide the sesh Platform to you, we may send and store your Personal Data outside of the country where you reside or are located, including to countries that may not or do not provide an equivalent level of protection for your Personal Data. Your Personal Data may be processed and stored in the United States and federal, state, and local governments, courts, or law enforcement or regulatory agencies in the United States may be able to obtain disclosure of your information through the laws of the United States. By using the sesh Platform, you represent that you have read and understood the above and hereby consent to the storage and processing of Personal Data outside the country where you reside or are located, including in the United States.
Your Personal Data is transferred by Colkie to another country only if it is required or permitted under applicable data protection law and provided, however, that there are appropriate safeguards in place to protect your Personal Data. To ensure your Personal Data is treated in accordance with this Privacy Notice when we transfer it to a third party, Colkie uses Data Protection Agreements between Colkie and all other recipients of your Personal Data.
We may change this Privacy Notice at any time. It is our policy to post any changes we make to our Privacy Notice on this page with a notice that the Privacy Notice has been updated on the Websites’ home page or the Applications’ home screen. If we make material changes to how we treat our users’ Personal Data, we will notify you by email to the email address specified in your account and/or through a notice on the Websites’ home page or the Applications’ home screen. The date this Privacy Notice was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Websites and Applications and this Privacy Notice to check for any changes.
Your continued use of any of the sesh Platform following the posting of changes constitutes your acceptance to such changes.
If you have any questions, concerns, complaints, or suggestions regarding our Privacy Notice or the ways in which we collect and use your Personal Data described in this Privacy Notice, have any requests related to your Personal Data pursuant to applicable laws, or otherwise need to contact us, you may contact us at the contact information below or through the “Contact” page on our Websites or in our Applications.
Colkie Technology Inc.
1232 ½ N Sycamore Ave
Los Angeles, CA 90038
privacy@joinsesh.ai
This GDPR Privacy Addendum (the “GDPR Privacy Addendum”) supplements the information contained in our Privacy Notice (our “Privacy Notice”) and applies solely to the users of the sesh Platform (both fans and artists) who are located in the European Economic Area, the United Kingdom, or Switzerland. We adopt this GDPR Privacy Addendum to comply with the European Union’s General Data Protection Regulation, and any laws implementing the foregoing by any member states of the European Economic Area, the United Kingdom (including the UK Data Protection Act and the UK-GDPR), and or Switzerland (collectively, the “GDPR”). Unless otherwise defined in this GDPR Privacy Addendum, any terms defined in the GDPR or our Privacy Notice have the same meaning when used in this GDPR Privacy Addendum. When this GDPR Privacy Addendum is applicable to you, it takes precedence over anything contradictory in our Privacy Notice.
Colkie is the data controller of your Personal Data. At this time, Colkie is not required to appoint a Data Protection Officer or representatives in the European Union and has elected not to do so. Colkie, its Data Protection Officer, or its representative may be contacted in any manner set forth below in the “Contact Information” Section of this GDPR Privacy Addendum.
If you are a fan, Colkie may also transfer your Personal Data to artists that you follow. Those artists may also be a controller of your personal data. For more information about how an artist use your Personal Data as a controller, contact that artist.
The Personal Data we collect and the ways in which we collect it is described in our Privacy Notice.
The Personal Data we collect from you is required to enter into a contract with Colkie, for Colkie to perform under the contract, and to provide you with our products and services. If you refuse to provide such Personal Data or withdraw your consent to our processing of Personal Data (when appropriate), then in some cases we may not be able to enter into the contract or fulfill our obligations to you under it.
We only place non-essential cookies on your device and use other interaction and/or performance monitoring tools with your affirmative consent. You may withdraw or change your consent at any time by accessing our cookie consent manager through the “Cookies” link on our Websites or Applications. You may also set your browser or mobile device operating system to refuse all or some browser cookies (which may include essential cookies), or to alert you when cookies are being sent. However, if you do not consent to our use of cookies or select this setting you may be unable to access certain parts of our Websites or Applications. Some mobile operating systems may provide you with options to prevent the Applications to track your activities over time and across other activities on that mobile device.
The processing of your Personal Data is lawful only if it is permitted under the GDPR. We have a lawful basis for each of our processing activities (except when an exception applies as described below):
Colkie does not ask you to provide, and we do not knowingly collect, any special categories of Personal Data from you.
We use your Personal Data as described in our Privacy Notice.
We do not share or otherwise disclose your Personal Data for purposes other than to the entities and for the purposes described in our Privacy Notice.
The GDPR provides you with certain rights with regards to our processing of your Personal Data. These rights replace the similar rights provided in our Privacy Notice or are supplemental to such rights.
In order to provide the sesh Platform to you, we may send and store your Personal Data outside of the EEA or the United Kingdom, including to the United States (if you are a fan, this includes to artists, and if you are an artist, this includes to fans and other users of the sesh Platform). Accordingly, your Personal Data may be transferred outside the country where you reside or are located, including to countries that may not or do not provide an equivalent level of protection for your Personal Data. Your information may be processed and stored in the United States and United States federal, state, and local governments, courts, or law enforcement or regulatory agencies may be able to obtain disclosure of your information through the laws of the United States. By using the sesh Platform, you represent that you have read and understood the above and hereby consent to the storage and processing of Personal Data outside the country where you reside or are located, including in the United States.
Your Personal Data is transferred by Colkie to another country only if it is required or permitted under the GDPR and provided that there are appropriate safeguards in place to protect your Personal Data. To ensure your Personal Data is treated in accordance with our Privacy Notice and this GDPR Privacy Addendum when we transfer it to a third party, Colkie uses Data Protection Agreements between Colkie and all other recipients of your data that include, where applicable, the standard contractual clauses adopted by the European Commission and/or the Information Commissioner’s Office in the United Kingdom (collectively, the “Standard Contractual Clauses”). The European Commission and the Information Commissioner’s Office in the United Kingdom have determined that the transfer of Personal Data pursuant to the Standard Contractual Clauses provides for an adequate level of protection of your Personal Data, however, the Standard Contractual Clauses may need to be supplemented in some cases with additional measures on a case-by-case basis after an analysis that such supplemental measures can provide you with an essentially equivalent level of protection as afforded in the EEA and/or the UK. When, as a result of this analysis, we believe this to be appropriate and necessary, the Standard Contractual Clauses have been supplemented in this way. Under these Standard Contractual Clauses, you have the same rights as if your Personal Data was not transferred to such third country. You may request a copy of the Data Protection Agreement (with commercial terms redacted) by contacting us through the Contact Information below.
Colkie will retain your Personal Data for the entire time that you keep your account open. After this period, we may retain your Personal Data for 2 years, or for any of the reasons listed below, whichever is longer:
We may change this GDPR Privacy Addendum at any time. It is our policy to post any changes we make to our GDPR Privacy Addendum on this page with a notice that the GDPR Privacy Addendum has been updated on the Websites’ home page or the Applications’ home screen. If we make material changes to how we treat our users’ Personal Data, we will notify you by email to the email address specified in your account and/or through a notice on the Websites’ home page or the Applications’ home screen. The date this GDPR Privacy Addendum was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Websites or using the Applications and this GDPR Privacy Addendum to check for any changes.
If you have any questions, concerns, complaints, or suggestions regarding our Privacy Notice or this GDPR Privacy Addendum, have any requests related to your Personal Data described in the Privacy Notice or this GDPR Privacy Addendum, or otherwise need to contact us, you can do so at the contact information below or through the “Contact” page on our Websites or Applications.
To Contact Colkie (Controller) in the EU
Colkie Technology Inc Sucursal en España
Calle General Asensio Cabanillas, 27
28003 Madrid
España
privacy@joinsesh.ai
To Contact Colkie (Controller) in the US
Colkie Technology Inc
232 1/2 N Sycamore Ave
Los Angeles, CA 90038
USA
privacy@joinsesh.ai
