GENERAL TERMS OF USE AND SERVICES DIGGERS FACTORY

PLEASE READ THESE GENERAL TERMS AND CONDITIONS CAREFULLY. IN ADDITION, PLEASE READ OUR PRIVACY POLICY, WHICH FORMS AN INTEGRAL PART OF THIS AGREEMENT.

The company DIGGERS FACTORY SAS (hereinafter referred to as "the Company") operates the website DIGGERS FACTORY (hereinafter "DIGGERS FACTORY" or "the Site").

For any questions regarding this document and our services, please contact us by email: contact@diggersfactory.com

TABLE OF CONTENTS

• 1. Purpose and Scope

• 2. Definitions

• 3. Services Offered via the Site

• 4. Acceptance and Updates of General Terms

• 5. Terms of Access and Registration on the Site

• 6. Terms Applicable to Project Owners and B2B Clients (Vinyl Pressing, Manufacturing & Merchandising)

• 7. Terms Applicable to Contribution Collection and Tracking Services

• 8. Terms Applicable to Message Distribution Services: Forum and Comment Section

• 9. Liabilities and Limitations of Liability

• 10. Intellectual Property and Clearance Warranties

• 11. Suspension and Interruption of Services

• 12. Force Majeure

• 13. Term and Termination

• 14. Miscellaneous Provisions

• APPENDIX 1: General Terms of Use for Digital Distribution Services

• APPENDIX 2: General Terms of Use for The Vinyl Box Subscription Service

ARTICLE 1. PURPOSE AND SCOPE

These general terms of use and services (hereinafter, the "General Terms" or the "Contract") define the conditions and modalities governing the provision of Services to Users, Members, Project Owners, and B2B Clients of the Site and the Company.

The General Terms apply, without restriction or reservation, to all Services offered by the Company on its Site (accessible at http://www.diggersfactory.com) and to all B2B manufacturing, pressing, merchandising, packaging, storage, and distribution services agreed upon directly or indirectly with the Company.

ARTICLE 2. DEFINITIONS

• "Credit Card": refers to a valid payment or credit card accepted in France.

• "B2B Client": refers to any natural or legal person (record label, independent artist, production company, distributor, brand, etc.) engaging the Company for professional services including pressing, physical media manufacturing (vinyl, CD, cassette), merchandising, packaging, or logistics.

• "Commission": refers to the remuneration due to the Company, deducted from Contributions or sales generated.

• "Personal Account": refers to the personal account space of the User on the Site.

• "Reward": refers to the reward(s) optionally offered by the Project Owner to Contributors.

• "Contribution": refers to any monetary sum collected by the Project Owner through the Site.

• "Contributor": refers to a Member who has contributed a Participation to at least one Project featured on the Site.

• "Intellectual Property Rights": refers to all intellectual property rights as defined under applicable intellectual property laws (copyright, neighboring rights, trademarks, patents, designs, and models).

• "Provided Elements": refers to all audio files (masters), graphic elements (artworks, jackets, booklets), texts, and data transmitted by the Project Owner or B2B Client to the Company for service execution.

• "Project Owner": refers to any natural or legal person registered on the Site for the purpose of presenting, promoting, or manufacturing a Project.

• "Project": refers to manufacturing projects involving vinyl, CD, and cassette pressing, merchandising, and reissues.

• "Company": refers to DIGGERS FACTORY SAS, registered with the Paris Trade and Companies Register under RCS No. 813 648 714, with its registered office located at 10 Boulevard Arago, 75013 Paris, France.

ARTICLE 3. SERVICES OFFERED VIA THE SITE

DIGGERS FACTORY offers several service categories:

• Funding / On Demand: Intermediation between internet users and project owners to gather a minimum pre-order threshold required to launch production.

• Limited / Direct Sales: Distribution and sale of physical products in limited editions or pre-orders.

• B2B Pressing & Merchandising Services: Professional services assisting with the custom manufacturing and pressing of vinyl, CDs, cassettes, merchandise creation, warehousing, and fulfillment.

• Digital Distribution & Subscription Service (The Vinyl Box): As detailed in the attached appendices.

ARTICLE 4. ACCEPTANCE AND UPDATES

• 4.1. Acceptance: Using the Site or subscribing to any Service (including signing any B2B quote or purchase order) implies full and unreserved acceptance of these General Terms.

• 4.2. Updates: The Company reserves the right to adapt or modify these General Terms at any time. The applicable version is the one in force on the date of Service usage or order validation.

ARTICLE 5. TERMS OF ACCESS AND REGISTRATION ON THE SITE

Registration requires providing accurate information. The User must be of legal age and possess full legal capacity.

ARTICLE 6. TERMS APPLICABLE TO PROJECT OWNERS AND B2B CLIENTS (PRESSING, MANUFACTURING & MERCHANDISING)

• 6.1. Nature of Manufacturing Services and Ownership

The Site and the Company enable Project Owners and B2B Clients to manufacture, press, promote, and distribute physical media (vinyl, CD, cassette) and merchandise products. The Company acts as a service provider and technical intermediary. Unless otherwise stipulated in a separate license or assignment agreement, the Project Owner / B2B Client retains full intellectual property ownership over their works.

• 6.2. Presentation, Selection, and Approval of Projects

All Projects or manufacturing orders are subject to prior validation by the Company. The Company reserves the right to reject any project that is unrealistic, unlawful, or non-compliant with quality standards.

• 6.3. Legality of Projects and Content

The Project Owner / B2B Client warrants holding all necessary rights, authorizations, and licenses for the Provided Elements (audio masters, visual assets, trademarks).

• 6.4. Exclusivity During the Collection Period

For Crowdfunding/Funding projects, the Project Owner agrees not to feature their project on competing crowdfunding platforms during the Collection Period.

• 6.5. Timelines and Non-Liability for Manufacturing Delays

Manufacturing and pressing lead times provided by the Company (specifically for vinyl, CD, cassette, and merchandise) are strictly indicative estimates and do not constitute a binding guarantee or firm deadline commitment.

The Company shall not be held liable for any manufacturing delays occurring at partner pressing plants, suppliers, or sub-contractors resulting from, but not limited to:

• Raw material supply chain shortages, delays, or restocking issues (PVC resin, paperboard, cardboard, electronic components);

• Machinery breakdown, pressing plant scheduling overcapacity, tool wear, or production line failures;

• The necessity to recreate stampers, galvanos, lacquers, DMM cuts, or test pressings (TP) for technical or audio quality compliance;

• Errors, anomalies, or non-compliant Submitted Elements supplied by the Client requiring correction.

Under no circumstances shall production delays justify order cancellation by the B2B Client / Project Owner, nor shall they give rise to any penalties, set-offs, liquidated damages, or financial indemnities of any kind charged to the Company.

• 6.6. Shipping, Logistics, and Non-Liability for Customs / Transit Delays

Risks associated with transport and goods delivery transfer to the B2B Client / Project Owner as soon as products are made available to freight carriers. The Company does not guarantee postal or freight transit lead times.

The Company disclaims all liability for delivery delays, loss, damage, border holds, or extra charges arising during transit or customs clearance caused by:

• Carrier strikes, road blockades, bankruptcies, or failures of logistics or postal service providers;

• Customs inspections, duty holds, tax disputes, or administrative import/export clearance delays;

• Severe weather events, natural disasters, or geopolitical disruptions.

• 6.7. Industrial Manufacturing Tolerances (Quantities and Appearance)

In accordance with standard industry practices in vinyl pressing and physical object manufacturing:

• Quantity Tolerance: A tolerance margin of plus or minus 10% (+/- 10%) between the ordered product quantity and the actual delivered product quantity is expressly accepted by the B2B Client. Final invoicing will be adjusted based on actual units manufactured and delivered.

• Visual Appearance Tolerance: Graphic mockups and 3D renderings supplied on the Site or in quotes are provided for illustrative purposes only. Minor color shade variations, marbling differences (for colored, marbled, splatter, or picture disc vinyl), or printing finish discrepancies do not constitute manufacturing defects and cannot be claimed as grounds for rejection.

• 6.8. Compliance of Provided Elements (Audio Masters and Visuals)

The B2B Client / Project Owner is solely responsible for the technical quality and compliance of Provided Elements (high-resolution audio master files formatted for vinyl pressing, print-ready vector/HD artwork files fitting provided templates).

The Company performs no artistic or editorial audit. Any final product defect (e.g., needle skipping, audio distortion, printing blur, typographical errors) resulting from non-compliant, defective, or improperly mastered files supplied by the Client remains the Client's sole responsibility.

ARTICLE 7. TERMS APPLICABLE TO CONTRIBUTION COLLECTION AND TRACKING SERVICES

Details regarding crowd-funding collection, Company service fees (25% ex. VAT commission), and payout schedules.

ARTICLE 8. FORUM AND COMMENT SECTION

User-generated content host liability limits under applicable e-commerce legislation and content removal rights.

ARTICLE 9. LIABILITIES AND LIMITATIONS OF LIABILITY

• 9.1. Network and Site Operation: The Company is bound by a best-effort obligation (obligation de moyens) regarding Site availability.

• 9.2. General B2B Liability Cap: To the maximum extent permitted by applicable law, the total cumulative financial liability of the Company towards a B2B Client or Project Owner, regardless of cause or legal basis, is expressly limited and capped at the net amount (excluding VAT) actually received by the Company for the specific order giving rise to the claim.

• 9.3. Exclusion of Consequential Damages: The Company shall under no circumstances be held liable to compensate indirect, incidental, or consequential damages suffered by a B2B Client, Project Owner, or third party, including but not limited to: loss of profits, loss of revenue, loss of opportunity, loss of reputation, or the cancellation of live concerts, tours, festivals, or release parties.

ARTICLE 10. INTELLECTUAL PROPERTY AND CLEARANCE WARRANTIES

• 10.1. Site Content: All content belonging to the Site remains the exclusive property of the Company.

• 10.2. Clearance Guarantees & Mechanical Rights Clearances (SDRM / SACEM / Mechanical Rights Organizations): The Project Owner or B2B Client expressly warrants holding all necessary intellectual property rights (copyright, neighboring rights, master rights, trademarks) pertaining to the Provided Elements and Project content.

The B2B Client / Project Owner agrees to secure at their own expense all mandatory manufacturing permissions and mechanical licenses from rights collection societies (e.g., SDRM, SACEM, GEMA, PRS, MCPS) and submit formal mechanical press clearances to the Company prior to manufacturing release.

The B2B Client / Project Owner shall indemnify, defend, and hold harmless the Company from and against any third-party claims, lawsuits, or liabilities arising from alleged copyright infringement or unauthorized use of Provided Elements. The Client shall cover all legal fees, court costs, damages, and awarded financial indemnities.

ARTICLE 11. SUSPENSION AND INTERRUPTION OF SERVICES

The Company reserves the right to suspend any project in the event of contractual breach or copyright disputes.

ARTICLE 12. FORCE MAJEURE

Neither party shall be held liable for failure to fulfill obligations due to force majeure as defined under French civil law. Expressly recognized force majeure events include fires, floods, epidemics, freight strikes, power grid failures, government orders, or partner factory shutdowns.

ARTICLE 13. TERM AND TERMINATION

Terms governing account cancellation and ongoing contract termination.

ARTICLE 14. MISCELLANEOUS PROVISIONS

• 14.1. Governing Law: These General Terms are governed by and construed in accordance with French law.

• 14.2. B2B Jurisdiction Clause: ANY DISPUTE ARISING BETWEEN THE COMPANY AND A B2B CLIENT OR PROFESSIONAL USER CONCERNING THE INTERPRETATION, PERFORMANCE, VALIDITY, OR TERMINATION OF THIS AGREEMENT SHALL BE SUBMITTED TO THE EXCLUSIVE JURISDICTION OF THE PARIS COMMERCIAL COURT (TRIBUNAL DE COMMERCE DE PARIS), EVEN IN THE EVENT OF SUMMARY PROCEEDINGS, THIRD-PARTY APPEALS, OR MULTIPLE DEFENDANTS.

APPENDIX 1: GENERAL TERMS OF USE FOR DIGITAL DISTRIBUTION SERVICES

ARTICLE 1. DISTRIBUTION RIGHTS

• 1.1. You agree to use our service solely for lawful purposes and in compliance with these terms and conditions.

• 1.2. You agree to grant Diggers Factory the right to distribute your music across all streaming platforms and digital media.

• 1.3. You must comply with all rules enforced by streaming platforms regarding copyright, content ethics, and metadata formatting (music, spelling, etc.). Diggers Factory reserves the right to modify metadata to match active platform specifications (e.g., converting track titles to lowercase, adding "explicit content" tags, etc.).

• 1.4. You agree to supply all requested materials to Diggers Factory to ensure optimal digital distribution.

ARTICLE 2. REVENUE AND ROYALTIES

• 2.1. Diggers Factory will provide monthly royalty reporting statements detailing revenues generated by your music, minus a 15% commission. The first statement will be issued 4 months following initial release on streaming platforms.

• 2.2. Payout requests are subject to a minimum withdrawal threshold of 25 EUR.

ARTICLE 3. TAKEDOWN AND REMOVAL

• 3.1. To remove tracks from streaming services or digital media and revoke distribution rights, you must send a formal request by email to Diggers Factory.

ARTICLE 4. COMMUNICATION AND PROMOTION

• 4.1. Diggers Factory may use your supplied materials, including artwork, music, photos, or videos, for promotional and communication purposes to promote its services.

ARTICLE 5. TERM AND TERMINATION

• 5.1. No fixed term commitment applies. To terminate digital distribution, you must submit a formal takedown request for your music via email to Diggers Factory.

ARTICLE 6. LIMITATION OF LIABILITY

• 6.1. Diggers Factory shall not be held liable for any damage, loss, or injury resulting from the use of its services.

• 6.2. You agree to hold harmless and indemnify Diggers Factory, its representatives, and third-party suppliers against any claim, lawsuit, loss, liability, damage, or cost arising from your service usage.

ARTICLE 7. FRAUDULENT ACTIVITIES AND CONDUCT

• 7.1. Violations include, but are not limited to, monetizing tracks without authorization, monetizing recordings containing uncleared samples, and providing false copyright owner metadata.

• 7.2. Fraudulent activities include artificial stream/download inflation and unauthorized use of tracks, artist names, or trademarks.

• 7.3. In the event of a violation, Diggers Factory reserves the right to disclose personal data to competent authorities, remove music from digital platforms, freeze payouts for disputed tracks or all catalog tracks, and charge penalty fees up to 50 EUR per affected track.

ARTICLE 8. MODIFICATION OF TERMS

• 8.1. Diggers Factory reserves the right to modify these terms and conditions at any time. Regular consultation of this document is recommended.

APPENDIX 2: GENERAL TERMS OF USE FOR THE VINYL BOX SUBSCRIPTION SERVICE

ARTICLE 1. GENERAL FRAMEWORK AND LEGAL NOTICE

• 1.1. Welcome to The Vinyl Box

These Terms of Service constitute a legally binding agreement between you ("the member", "the customer", or "you") and Diggers Factory ("we", "us", or "our") governing your use of The Vinyl Box subscription service and website. By subscribing, you explicitly agree to be bound by these Terms.

• 1.2. Company Identity and Legal Notice

The Vinyl Box is operated and managed by:

• Company Name: DIGGERS FACTORY

• Legal Form: Simplified Joint Stock Company (SAS) under French law with a share capital of €16,974.48

• Company Registration: Paris RCS No. 813 648 714

• Head Office: 10 Boulevard Arago, 75013 PARIS, France

• Customer Support Contact: contact@diggersfactory.com

ARTICLE 2. SUBSCRIPTIONS, BILLING AND AUTO-RENEWAL

• 2.1. Flexible Monthly Subscription (Month-to-Month)

Billed monthly. Automatically renews every month unless cancelled by the member before the upcoming billing date (1st of the month).

• 2.2. Fixed-Term Subscriptions (3, 6, or 12 Months) and "Locked Price"

Fixed-term plans may be billed upfront or on a monthly basis.

• Auto-renewal Terms: At the conclusion of the initial commitment term, the subscription automatically converts to a flexible month-to-month plan. As a loyalty benefit, the member retains their discounted, locked monthly rate. The plan continues renewing monthly at this locked price until cancelled via the dashboard.

• 2.3. Gift Subscriptions

Prepaid as a one-time charge for the selected term (1, 3, 6, or 12 months). Gift plans do not auto-renew.

• 2.4. "Autopilot" Selection Policy

If a member fails to make a monthly record selection via their dashboard before the penultimate day of the month, our team will automatically prepare and ship a curated selection based on the member's profile and monthly releases ("Autopilot" feature). As a customized selection service, items shipped under this policy cannot be returned, exchanged, or refunded based on personal taste, provided they arrive in sound physical condition.

ARTICLE 3. PRICING, TAXES AND PAYMENT

• 3.1. Universal Pricing and Taxes

Prices display in local currency (EUR, USD, GBP, AUD, CAD, KRW, JPY, CNY, PHP) based on location. Prices display tax-inclusive (EU VAT) or tax-exclusive (US State Sales Tax) depending on jurisdiction. Default billing falls back to EUR or USD. Members are responsible for foreign transaction or bank conversion fees.

• 3.2. Shipping Fees

Standard shipping is included in the subscription price without hidden costs, unless specified at checkout for specific remote regions.

• 3.3. Payment Processing

Major credit cards are accepted and processed securely via Stripe. Submitting payment details authorizes initial and recurring subscription charges.

• 3.4. Billing Schedule

Initial charges apply immediately upon signup. Recurring monthly charges process automatically on the 1st day of each subsequent calendar month.

• 3.5. Customs, Duties and Import Taxes

Orders ship directly from fulfillment centers in the United States and France.

• US & EU Members: Shipments occur domestically or intra-EU, incurring no unexpected customs or import fees.

• Rest of the World (International): Destinations outside the US/EU may incur import duties, local taxes, or carrier brokerage fees upon arrival. These charges are determined by local authorities and remain the sole responsibility of the member.

ARTICLE 4. SHIPPING AND DELIVERY POLICY

• 4.1. Shipping Destinations

International shipping is offered to a broad list of destinations. Shipping availability remains subject to carrier coverage, customs rules, and geopolitical constraints. We reserve the right to restrict service to certain regions without notice.

• 4.2. Processing and Estimated Transit Lead Times

Following selection validation (or Autopilot trigger), boxes process and ship within 7 business days.

• US & EU Deliveries: Estimated transit lead time of 5 to 7 business days.

• International Deliveries: Transit lead times range between 10 and 21 business days depending on destination.

• Note: Transit estimates are provided by shipping carriers and are not guaranteed.

• 4.3. Delivery Failures and Returns to Sender

Members must provide complete and accurate delivery addresses.

• Incorrect Address: Returns due to incorrect/incomplete member addresses incur reshipment costs borne by the member.

• Unclaimed Parcels: Parcels returned due to failure to collect within carrier access point windows incur reshipment fees payable by the member.

ARTICLE 5. DAMAGED MERCHANDISE AND REPLACEMENTS

• 5.1. Inspection and Reporting Window

Parcels must be inspected upon delivery. Items arriving damaged or defective must be reported to customer support within 7 days of official delivery timestamp. Late claims will not be accepted.

• 5.2. Cosmetic Damage vs. Audio Playback Defects

• Cosmetic Damage: Minor transit wear (dented jacket corners, minor seam splits) not impacting audio playback does not qualify for full replacements or refunds.

• Defective Vinyl (Playback Defects): For warped, broken, or pressing-defect vinyl causing needle skipping, clear video evidence of playback on a properly set-up turntable is required.

• 5.3. Defective Disc Resolution

Verified playback defects qualify for a free replacement disc. If out of stock, a replacement choice from the "Permanent Vault" or a proportional refund is offered.

• 5.4. Return Authorization

No physical returns will be accepted or processed without prior formal return authorization issued by customer support.

ARTICLE 6. RETURNS AND RIGHT OF WITHDRAWAL

• 6.1. General Return Policy

Sales are final once processed and shipped. Returns based on change of mind are not accepted.

• 6.2. "Sealed Media" Exception (Universal Rule)

Except for verified playback defects, no returns or refunds will be granted for vinyl records that have been unsealed, opened, or stripped of their original shrink wrap. The right of withdrawal or return is immediately voided once the physical audio media is unsealed.

• 6.3. Statutory Right of Withdrawal (EU & UK Residents)

EU and UK consumers hold a statutory right to withdraw within 14 days of receiving their FIRST box.

• Condition: Items must be returned factory-sealed in original shrink wrap.

• Return Shipping: Return freight costs are covered entirely by the member.

ARTICLE 7. CANCELLATION AND EARLY TERMINATION

• 7.1. Online Self-Service Cancellation

Subscriptions can be cancelled at any time directly through the online member dashboard.

• 7.2. Monthly Subscriptions

To avoid charges for the upcoming month, cancellations must be completed via dashboard prior to 11:59 PM on the final day of the current month.

• 7.3. Prepaid Subscriptions (3, 6, or 12 Months)

Auto-renewal can be turned off at any time. Initial prepaid charges remain non-refundable and remaining boxes will ship through the term.

• 7.4. Monthly-Billed Commitment Subscriptions & Readjustment Fee

Cancelling a discounted commitment plan early triggers an early cancellation readjustment fee. The fee equals the difference between the standard non-commitment monthly price and the discounted rate paid across completed months.

ARTICLE 8. WARRANTIES AND APPLICABLE LAW

• 8.1. General Disclaimer

Services are provided "as is" and "as available" subject to local statutory limits.

• 8.2. Statutory Consumer Warranties (France / EU)

European consumers benefit from the Legal Guarantee of Conformity and Guarantee Against Hidden Defects under French Consumer Code for two (2) years from delivery.

ARTICLE 9. DISPUTE RESOLUTION AND MEDIATION

• 9.1. Informal Resolution: Members agree to contact customer support first to seek an informal resolution.

• 9.2. Governing Law: Governed by French law.

• 9.3. Consumer Mediation (France / EU): Unresolved consumer disputes can be submitted free of charge to the official mediator [Atlantique Médiation] or via the European ODR platform (http://ec.europa.eu/consumers/odr/).

• 9.4. Binding Arbitration (US Residents): US disputes are settled via binding individual arbitration, excluding class actions.