TERMS AND CONDITIONS
Last updated: March 2026
1. ACCEPTANCE OF TERMS AND ELIGIBILITY
By creating an account, accessing, or using The Lobster application ("the App"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must not use the App. The Lobster is intended for artists who are 18 years of age or older. By continuing, you confirm that you are at least 18 years old and have the legal capacity to enter into a binding agreement.
2. ACCOUNT RESPONSIBILITY
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, including all content uploaded under your artist profile. You agree to notify The Lobster immediately of any unauthorised use of your account. The Lobster is not liable for any loss or damage arising from your failure to safeguard your account credentials.
3. CONTENT OWNERSHIP AND LICENCE GRANT
You retain all ownership rights in the music, audio recordings, images, and other materials you upload to the App ("User Content"). By uploading User Content, you confirm that you own or have the necessary rights to that content. You grant The Lobster a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to host, store, reproduce, distribute, publicly perform, publicly display, stream, and otherwise use your User Content in connection with operating, promoting, and improving the App. This licence continues for as long as your User Content remains on the App and for a reasonable period thereafter necessary to remove it from The Lobster's systems.
4. USER REPRESENTATIONS AND WARRANTIES
By uploading any User Content, you represent and warrant that:
(a) You are the sole owner of all rights, title, and interest in and to the User Content, or you have obtained all necessary rights, licences, consents, and permissions from every rights holder to upload, distribute, and make available the User Content on the App in the manner contemplated by these Terms;
(b) The User Content does not and will not infringe, misappropriate, or violate any copyright, trademark, right of publicity, right of privacy, moral right, or any other intellectual property or proprietary right of any third party;
(c) With respect to cover songs, remixes, samples, or any User Content that incorporates or is derived from the work of another artist, songwriter, or rights holder, you have obtained all required mechanical licences, synchronisation licences, master use licences, and any other licences or permissions necessary under applicable law before uploading such content to the App;
(d) You have obtained all necessary consents from any co-authors, co-performers, producers, session musicians, featured artists, or other contributors to the User Content;
(e) The User Content does not contain any material that is defamatory, obscene, unlawful, or otherwise objectionable; and
(f) All information you provide in connection with User Content, including metadata, credits, and descriptions, is accurate and not misleading.
You acknowledge that The Lobster does not pre-screen, verify, or monitor User Content for copyright compliance and that you bear sole responsibility for ensuring your User Content complies with all applicable laws and third-party rights.
5. PROHIBITED CONDUCT
You may not use The Lobster to post unlawful, offensive, or infringing content, including uploading cover songs, remixes, or samples without the required licences. You may not circumvent, disable, or interfere with any content protection or rights management features of the App, or use the App to distribute content that you do not have the legal right to distribute. Artist accounts found in violation may be suspended or permanently banned, and content may be removed without notice.
6. REVENUE & PROMOTION
The Lobster does not currently take a commission on any artist earnings. Any promotional features offered are provided at our discretion and may change without notice.
7. PRIVACY
We collect and process personal data in accordance with our Privacy Policy, which is incorporated into these Terms by reference. By using the App, you consent to the collection, use, and sharing of your information as described in the Privacy Policy. The types of data we collect may include, without limitation, your name, email address, profile information, User Content metadata, location data, device information, and usage analytics. Location data is used to display your profile to nearby fans and is stored securely. We may also use aggregated or de-identified data derived from your use of the App for analytics, research, and product improvement purposes without restriction. You are responsible for ensuring that any personal data of third parties included in your User Content (such as images or recordings of other individuals) has been collected with the appropriate consents. For full details on our data practices, including your rights regarding your personal data, please refer to our Privacy Policy at [link to Privacy Policy].
8. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless The Lobster, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and suppliers (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or relating to: (a) your User Content, including any claim that your User Content infringes, misappropriates, or violates any third party's copyright, trademark, or other intellectual property or proprietary right; (b) your use of the App in violation of these Terms; (c) your breach of any representation, warranty, or obligation under these Terms; or (d) your violation of any applicable law, rule, or regulation.
This indemnification obligation survives termination of your account and these Terms. The Lobster reserves the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate with The Lobster's defence of any such claim.
9. LIMITATION OF LIABILITY
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE LOBSTER DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY USER CONTENT UPLOADED BY OTHER USERS DOES NOT INFRINGE THIRD-PARTY RIGHTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE LOBSTER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BOOKINGS, EARNINGS, OR EXPOSURE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE LOBSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LOBSTER'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO THE LOBSTER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).
10. DMCA AND COPYRIGHT POLICY
10.1 The Lobster respects the intellectual property rights of others and expects its users to do the same. The Lobster will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA") and any other applicable intellectual property laws.
10.2 If you believe that your copyrighted work has been copied or made available on the App in a way that constitutes copyright infringement, you may submit a written notification to The Lobster's designated copyright agent containing the following: (a) a physical or electronic signature of the copyright owner or a person authorised to act on the owner's behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit The Lobster to locate the material on the App; (d) your contact information, including address, telephone number, and email address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorised to act on the copyright owner's behalf. Notices should be sent to: [Designated Copyright Agent Contact Information].
10.3 If you believe that your User Content was removed or disabled as a result of a mistake or misidentification, you may submit a counter-notification to The Lobster's designated copyright agent containing the information required under 17 U.S.C. § 512(g).
10.4 The Lobster maintains a policy of terminating the accounts of users who are determined to be repeat infringers in appropriate circumstances. The Lobster may, in its sole discretion, limit access to the App or terminate the account of any user who has been the subject of multiple DMCA takedown notices, regardless of whether the user has filed counter-notifications.
11. TERMINATION
11.1 You may terminate your account at any time by following the account deletion process within the App or by contacting The Lobster at admin@thelobsterapp.com.
11.2 The Lobster may, in its sole discretion and without prior notice, suspend or terminate your account and remove any User Content if The Lobster believes that you have violated these Terms, that your User Content infringes any third party's rights, or for any other reason The Lobster deems appropriate. The Lobster is not required to provide you with notice or an opportunity to cure before suspending or terminating your account.
11.3 Upon termination of your account, your right to use the App ceases immediately. The Lobster may delete your User Content. Sections 4, 8, 9, and 13 of these Terms survive termination of your account.
12. CHANGES TO TERMS
We may update these terms from time to time. Continued use of the app after changes constitutes acceptance of the new terms.
13. GOVERNING LAW AND DISPUTE RESOLUTION
13.1 These Terms are governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles.
13.2 Any dispute arising out of or relating to these Terms or your use of the App that cannot be resolved informally will be resolved exclusively in the state or federal courts located in [City, State], and you consent to the personal jurisdiction of such courts.
13.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIMS WILL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
14. GENERAL PROVISIONS
14.1 These Terms, together with the Privacy Policy, constitute the entire agreement between you and The Lobster regarding your use of the App and supersede all prior agreements and understandings.
14.2 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
14.3 The Lobster's failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.
14.4 The Lobster may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer any rights or obligations under these Terms without The Lobster's prior written consent.
15. CONTACT
For questions or concerns, contact us at admin@thelobsterapp.com.