Terms of purchase

1. About us

Musikpitchen is a trading name of Khoury Companies AB, a company registered in Sweden with the Swedish Companies Registration Office (Bolagsverket), registration number 559581-4012, VAT number SE559581401201. In these terms, "we", "us" and "Musikpitchen" mean Khoury Companies AB. "You" means the person or business placing the order.

• Address: Sandgatan 13, 311 47 Falkenberg, Sweden
• Phone: +46 73 031 74 84
• Email: support@musikpitchen.se
• Website: musikpitchen.se

2. Who can order

2.1 You must be at least 18 years old, or the age of majority where you live if that is higher, to place an order. If the artist is younger, a parent or legal guardian must consent: the parent or guardian places the order, accepts these terms and is our contact during the campaign. We do not take on campaigns for artists under 13.

2.2 If you order on behalf of an artist, a band, a label or another business, you confirm that you have the right to do so.

2.3 If you order as a private individual, we treat you as a consumer. If you order as a business, you give us the business's name and registration details at checkout. Some rules in these terms apply only to consumers, and we say so where that is the case. In some countries, for example Australia, consumer law can also protect businesses (see section 17.3).

3. Our services

3.1 We sell services, not physical goods. A service means that we do a piece of work for you, for example writing a pitch for your song and sending it to playlist curators, bloggers, journalists, radio stations or record labels, or booking radio plays or an interview.

3.2 What each package includes, what we need from you and the delivery time are set out on the package's page and in your order summary (section 4.4).

3.3 A package can contain two kinds of items. Booked items: things we arrange that are included in the price, for example a set number of radio plays or a published interview. We deliver these as described. Pitched items: we present your song to recipients we judge suitable for your genre and goals. The recipient decides whether to listen, reply, add, play, review, write about or sign your music. We cannot make that decision for them.

3.4 Some booked items, for example a paid review or feature, are paid placements. The publisher may mark them as sponsored or advertising, and we never ask anyone to hide that an item was paid for.

3.5 When we pitch to record labels, each label decides whether to reply. We do not act as your manager, agent or lawyer, and we do not negotiate or sign anything on your behalf. Any agreement you make with a label, or with anyone else we have pitched to, is between you and them.

3.6 We do not sell or arrange streams, followers, saves or other engagement, and we do not knowingly pitch to playlists that we believe use bots or fake streams.

3.7 Some recipients only accept music through their own submission form or platform. You authorise us to submit your song there in your name or your artist name, and to accept the recipient's usual submission terms for that purpose. We only accept terms that let the recipient listen to, consider and, if they choose, play, add, review or write about your song. If a recipient asks for anything more, for example rights to your music or a fee from you, we ask you first.

3.8 Skivbolagspitchen (our record label pitch). We send your song to record labels that release music in your genre, by email to their A&R or through the label's own demo form, and pass on their replies to you in your customer portal. If your song has not been released yet, we send a private listening link. We give a label your email address only if you have said yes to that. The service is complete when the pitch and, for Medium and Large, the reminder have been sent and the replies have been logged in your report, at the latest four weeks after the pitch started. Replies that arrive later are added to your report for 30 days after the pitch was sent. Each label decides for itself whether to reply or take things further, and a record deal or a reply from a particular label is not part of the service. If a label wants to take things further, any contact and any agreement are between you and the label. We are not a party to that agreement and take no share of any payment or income from it.

4. How ordering works

4.1 Our website is not an offer. Our website, package pages, prices and checkout describe our services. They are not an offer to enter into a contract.

4.2 Submit your song for review. When you submit your song at checkout, you ask us to review it. This is free, and neither you nor we are bound by anything at this stage. We confirm by email that we have received your submission.

4.3 Our answer. A person on our team reviews your music and the details you gave us, normally within 24 hours on weekdays (Monday to Friday, Swedish time, except Swedish public holidays). We may use software tools to help us, for example to analyse tempo, key, genre or lyrics, but the decision is always made by a person. We may decline a song without giving a reason other than our assessment of the material. If we decline, you pay nothing.

4.4 Order summary. If we accept your song, we email you your order summary with a button to pay, either in the email itself or on a page the email links to. The order summary is our offer to you. It shows: our name, address, phone number and email address; your name and billing address; the package, what it includes and what we need from you; the price in US dollars (USD), the Swedish VAT included, any discount and its conditions, and the total you pay; how you pay; the latest date we start work and the latest date you get your campaign report if you pay that day, and which booked items follow the schedules of radio stations and journalists; our cancellation and refund policy; and links to these terms and our Privacy Policy.

You can save or print the order summary. If anything is wrong, you can correct it before you pay, on the order summary page or by telling us, and we send you a corrected order summary. You can also simply decline: if you do not pay, no contract is made.

4.5 The contract. The contract between you and us is made when your payment is completed. Straight after your payment, and before we start work, we email you a confirmation with a copy of the agreement: the order summary, your name and billing address, the date of the agreement, your request that we start right away if you made it, and these terms with the model withdrawal form as a PDF. Please keep it.

4.6 Extras in the customer portal. During your campaign, we may offer extras in the customer portal, for example when a curator or blog charges its own fee to consider a submission. Each extra is a separate purchase under these terms. Before you pay, the portal shows what the extra includes, the price in USD and the total. The contract for an extra is made when your payment for it is completed, and we email you a confirmation. A recipient's own fee pays for them to consider your song, for example to listen to it or review it. It does not buy a placement, and the recipient still decides.

4.7 Your records. We keep a record of your agreement. You can see your orders and their status in your customer portal, and you can read, save and print the current version of these terms at any time at musikpitchen.se/en/villkor.

4.8 Language. You can make a contract with us in English, Swedish, Norwegian, Danish, Finnish or German. The contract is in the language you order in.

5. Prices, taxes and payment

5.1 All prices are in US dollars (USD). The total in your order summary is the full price you pay us. We do not add card fees, booking fees or any other charges.

5.2 Prices include 25% Swedish VAT. If you order as a business, we also show the price excluding VAT.

5.3 Private customers pay 25% Swedish VAT, wherever they live. Businesses in EU countries other than Sweden that give us a valid VAT number pay without Swedish VAT under the reverse charge rules. Businesses in Norway that give us a valid Norwegian organisation number pay without Swedish VAT. Before we accept the order, we check these numbers in the EU's VIES register or the Brønnøysund Register Centre and keep a record of the check. All other businesses pay 25% Swedish VAT. The VAT is shown on your receipt or invoice.

5.4 We do not currently charge any local tax of your country, such as GST, HST, QST or US sales tax. If the law ever requires us to, the price we show you before you pay will include it, and you will not pay anything on top of that price.

5.5 Because we are based in Sweden, your card issuer may convert the amount into your own currency and may charge a currency conversion or foreign transaction fee. That fee is set by your card issuer, not by us.

5.6 You pay the full price in advance by card, Apple Pay or Google Pay through our payment provider Stripe, using the payment button in your order summary. If you would rather pay by invoice, contact us and we will decide case by case.

5.7 If you pay by invoice and pay late, we may charge interest on late payment at the rate set by law. We only charge other costs if we have actually incurred them and the law allows it.

5.8 The conditions of a discount code, including its value and how long it is valid, are shown where we offer it and in your order summary. Unless we say otherwise, you can use one code per order, a code only applies to that order, and codes cannot be exchanged for cash.

6. Delivery and dates

6.1 The delivery time for each package is shown on its page and counts from the day your payment is completed, not from the day you submitted your song. Unless the package page or your order summary says otherwise, we start work within 3 working days after your payment is completed, and you get your campaign report within 14 days. For Skivbolagspitchen, the report is complete at the latest four weeks after the pitch started (section 3.8). For Hitpitchen and Megapitchen, you get a first report within 14 days and the final report when the radio period has ended. If you do not ask us to start right away, these times count from the end of the withdrawal period (section 8.5). Your order summary turns this into dates: the latest date we start work and the latest date you get your campaign report.

6.2 Booked radio plays and interviews follow the schedules of the stations and journalists, so they can come after your campaign report. Your order summary says which items this applies to. If a package runs over a longer period, for example rotation on a radio station over 90 days, the order summary says so, and you get your final report when that period has ended.

6.3 If we need something from you for part of the service, for example answers to interview questions, lyrics or a press photo, we tell you what we need. That part of the service moves forward by the time it takes until we receive it.

6.4 If we are going to be late, we tell you as soon as we know and give you a new date. If we miss a date in your order summary by more than 30 days, you can cancel the part of the service that has not yet been performed and get a refund for that part. This is in addition to your rights under the law.

6.5 When the campaign is complete, you get a report in your customer portal covering what is included in your package, with evidence of the booked items. We also email you when the report is ready.

7. Your material and our content rules

7.1 You confirm that you own the rights to the music and material you send us, such as recordings, artwork, photos, lyrics and texts, or that you have permission from the rights holders to let us use it as described in these terms.

7.2 You give us a non-exclusive, royalty-free right to use, copy, convert into suitable formats and send your music and material to recipients anywhere in the world, as needed to perform the services. Recipients who play, add, review or write about your song may use the material for that purpose. This right ends when the campaign is complete, but we do not have to recall material we have already sent.

7.3 You are responsible for the information you give us being correct. Wrong links or details can delay delivery.

7.4 Our content rules: we only work with non-explicit music, so if a song is marked explicit, or contains swearing or sexual content, we do not take the job. We do not promote material that infringes anyone else's rights. We do not promote material that encourages violence, hatred or illegal activity.

7.5 If we find after we have started that the material breaks these rules, we may stop the work. We tell you why. You pay for the part of the service we performed before we stopped, and we refund the rest.

8. Cancellation, right of withdrawal and refunds

8.1 Before you pay. There is no contract until you pay. If you change your mind, just tell us or do not pay.

8.2 After you pay, before we start work. You can cancel free of charge, and we refund the full amount.

8.3 After we have started work. You can cancel at any time. You pay for the part of the service we have already performed, calculated as a share of the price, and we refund the rest. The part already performed includes pitches already sent and bookings already confirmed with stations, journalists or other third parties that can no longer be cancelled. When we refund, we tell you how we calculated the amount.

8.4 Right of withdrawal (14 days). Consumers in the EU and the EEA have a statutory right of withdrawal. These terms are governed by Swedish law, and we give the same right of withdrawal to every consumer, wherever they live.

You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period expires 14 days after the day the contract was made, which is the day your payment was completed.

To exercise the right of withdrawal, you must inform us (Khoury Companies AB, Sandgatan 13, 311 47 Falkenberg, Sweden, phone +46 73 031 74 84, email support@musikpitchen.se) of your decision to withdraw from this contract by a clear statement, for example a letter sent by post or an email. You may use the model withdrawal form at the end of these terms, but it is not obligatory.

You can also withdraw online with our withdrawal function at musikpitchen.se/en/angra. The link "Withdraw from contract here" is at the bottom of every page of musikpitchen.se/en and in your customer portal. If you use it, we send you an acknowledgement of receipt by email without delay, with the content of your withdrawal and the date and time we received it.

To meet the withdrawal deadline, it is enough for you to send your message about exercising the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we will reimburse all payments received from you without undue delay, and in any event no later than 14 days from the day on which we are informed of your decision to withdraw. We will make the reimbursement using the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise. You will not pay any fees as a result of the reimbursement.

8.5 Starting during the withdrawal period. Because we start work soon after you pay, checkout asks whether you want us to start during the withdrawal period. You do not have to. If you ask us to and then withdraw, you pay an amount in proportion to what we have provided until you inform us of your withdrawal, compared with the full service. Your right of withdrawal ends when we have fully performed the service, if you asked us to start during the withdrawal period and acknowledged that you would lose the right of withdrawal once we had fully performed it. If you do not ask us to start right away, we start work when the withdrawal period has ended, and the dates in your order summary move forward by 14 days.

8.6 Extras. Sections 8.1 to 8.5 apply to each extra separately, counted from the day you paid for that extra.

8.7 Businesses. The statutory right of withdrawal applies to consumers. If you order as a business, sections 8.1 to 8.3 apply to you.

8.8 If we cancel. If you have not sent us something we need for part of the service within 60 days after we asked for it, despite a reminder, we may treat that part as cancelled and refund its price. Section 7.5 applies if your material breaks our content rules.

8.9 Refunds. We refund within 14 days of the day we receive your cancellation or withdrawal, using the same payment method, without any fee. We refund in USD. If your card issuer converts the amount, the amount in your own currency may differ slightly from what you paid, because of exchange rates.

8.10 A full description of how to cancel or withdraw is on our page Cancellation and refunds at musikpitchen.se/en/angra. If that page and these terms ever differ, the rule that is more favourable to you applies.

9. What we promise, and what we cannot promise

9.1 We carry out the work with due care and skill, as a competent music promotion service would. We pitch to recipients we judge relevant for your genre and goals, we deliver what is booked in your package, and we keep to the dates in your order summary.

9.2 Playlist curators, bloggers, journalists, radio stations and record labels are independent and make their own decisions. Unless an item is described as booked in your package, we do not promise placements, reviews, interviews, airplay, streams, followers, replies from labels or a record deal. A recipient who decides not to add, play, review or reply is not a failure of our service, and that alone does not give a right to a refund. This does not affect your rights if we have not done the work with due care and skill.

9.3 Booked items. If we cannot deliver a booked item as described, for example because a station cancels, we tell you as soon as we know. You then choose between an equivalent item of at least the same value, if we can offer one, and a refund of the price of that item. We pay any costs of this.

9.4 Results we show from earlier campaigns are real, but they are examples and not a forecast of what your campaign will achieve.

10. Liability

10.1 We are responsible to you for loss you suffer because we have not performed the contract with due care and skill.

10.2 THE FOLLOWING LIMIT DOES NOT APPLY TO CONSUMERS IN QUÉBEC. To the extent permitted by the law that applies to you, our total liability for an order is limited to the amount you paid for that order, and we are not liable for indirect loss, such as loss of profit, loss of income or loss of opportunity.

10.3 These limits do not apply to loss we cause intentionally or through gross negligence, to death or personal injury caused by our negligence, or where the law that protects you as a consumer does not allow them. In particular, they do not limit your rights under the Australian Consumer Law, including your right to compensation for any other reasonably foreseeable loss or damage (section 17.3), or under the consumer protection laws of your Canadian province or territory (section 17.2).

10.4 We are not responsible for delays caused by events outside our reasonable control, for example a station changing its schedule or a platform outage. If this happens, we tell you and give you a new date, and section 6.4 applies.

11. Intellectual property and references

11.1 You keep all rights to your music and your material. You may freely use the texts we write for your campaign, such as pitch texts and press releases, in your own marketing. We keep the right to use our own general templates, methods and know-how.

11.2 We may mention in our own marketing that we have worked with you, using your artist name, song title and results that are public, unless you tell us you do not want this. You can say no at any time by emailing support@musikpitchen.se. We never publish a quote from you as a review or testimonial without your permission.

12. Personal data

We handle personal data as described in our Privacy Policy at musikpitchen.se/en/integritetspolicy. Sharing your artist name, song link, press photo and the texts we write with the recipients we pitch to is the service itself.

13. Complaints and reviews

13.1 If you are unhappy with anything, contact support@musikpitchen.se as soon as possible, ideally within 30 days of delivery, so that we can put it right while the campaign is still running. This is not a deadline: it does not shorten any time limit you have under the law. We normally reply within five working days.

13.2 You are free to post honest reviews of our services anywhere. We never offer anything in return for a positive review.

14. Marketing emails

14.1 Apart from the campaign emails in section 14.4, we only send you news and offers by email if you have said yes, by ticking the box for this when you order or by signing up yourself. The box is never ticked in advance, and your order does not depend on it.

14.2 You can unsubscribe at any time with the link in every marketing email or by emailing support@musikpitchen.se. We stop straight away, and in any event within five working days.

14.3 Unsubscribing does not stop emails about your own orders and campaign. We need to send those to deliver what you have bought.

14.4 While your campaign is running, we may also email you when an extra becomes available for that campaign, for example when a curator or blog that suits your song charges its own fee to consider submissions (section 4.6). These emails only concern the campaign you have bought, and you can always see the same extras in your customer portal. Every such email has a link to stop them, and stopping them does not affect your campaign.

15. Governing law and disputes

15.1 These terms and every contract made under them are governed by Swedish law.

15.2 If you are a consumer, you keep the protection of the mandatory laws of the country, province or state where you live, and nothing in these terms takes it away.

15.3 If you are a consumer, you can bring a claim against us in Sweden or in the courts or consumer tribunals of the place where you live, and we can only bring a claim against you in the country where you live. If you are a business, disputes are decided by the Swedish general courts.

15.4 These terms do not require arbitration and do not stop you from taking part in a class or group action.

15.5 We are not obliged to, and have not committed to, take part in alternative dispute resolution before a consumer dispute resolution body.

16. Changes to these terms

We may update these terms for future orders. The version in force when you pay applies to that order, and the version in force when you pay for an extra applies to that extra. Your order summary and your confirmation show which version applies.

17. Rules for specific countries

If anything in this section differs from sections 1 to 16, this section applies.

17.1 If you live in the EU or the EEA

You have the statutory right of withdrawal described in section 8.4. You keep the protection of the mandatory consumer laws of the country where you live, and you can bring a claim in the courts there.

17.2 If you live in Canada

We do not currently accept orders from customers in Québec.

If you buy as a consumer in Canada, the consumer protection laws of your province or territory apply to your purchase in addition to these terms. Nothing in these terms limits any right you have under those laws, and where these terms differ from those laws, the laws apply.

Before you pay, we show you an order summary with all the information your province requires, including the dates we start work and deliver your report, and you can accept, correct or decline the order. After you pay, we email you a copy of the agreement.

If we have not started work within 30 days after the start date in your order summary, you can cancel before we start and get a full refund. Your province's law may give you further rights to cancel, for example if we have not given you all the required information or a copy of the agreement, and we refund within the time your province's law requires.

All prices are in US dollars (USD) and include Swedish VAT of 25%. Your card issuer may charge a fee for a payment in a foreign currency. We do not control that fee.

Limits on our liability in these terms apply only to the extent permitted by the law where you live. Swedish law applies to these terms, but if you are a consumer you keep the protection of the mandatory laws of the place where you live, and you can bring a claim before the courts there.

Please tell us within 30 days if you are not happy with a delivery, so that we can look at it together. This does not shorten any time limit you have under the law.

17.3 If you live in Australia

Your rights under the Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law that cannot lawfully be excluded, restricted or modified. If anything in these terms is inconsistent with those rights, your rights under the Australian Consumer Law apply. This includes the sections on results, liability, cancellation, complaints and governing law. These rights can apply even if you buy as a business.

Our promise for booked items. This promise is given by Khoury Companies AB (Musikpitchen), Sandgatan 13, 311 47 Falkenberg, Sweden, phone +46 73 031 74 84, email support@musikpitchen.se.

What we promise: if a booked item in your package is not delivered as described in your order summary, or not by the date stated there where your order summary gives one, we will, at your choice, provide an equivalent item of at least the same value (if we can offer one) or refund the price of that item.

What you need to do: email support@musikpitchen.se with your order number and the booked item that was not delivered, within 6 months after the latest report date in your order summary (for Hitpitchen and Megapitchen, within 6 months after your final report). You can also write to us at the address above.

What happens next: we reply within 10 working days. If you choose a refund, we pay it within 14 days of your choice, using the payment method you used.

Costs: we pay all costs of this. Making a claim costs you nothing apart from sending us your message.

The benefits of this promise are in addition to other rights and remedies you have under a law in relation to the services.

Prices and receipts. All prices are in US dollars (USD) and include Swedish VAT at 25%. The price shown is the total price: we do not add card fees or other charges. After payment we email you a receipt showing our name, the date, the service and the price.

Governing law. These terms are governed by Swedish law. If you live or are based in Australia, you keep the protection of the Australian Consumer Law, whether you buy as a private person or as a business, and nothing in these terms, including section 15.3, limits your right to bring a claim in a court or tribunal in Australia.

17.4 If you live in the United States

There is no general cooling-off period for online purchases in the United States, but our cancellation and refund policy in section 8 applies to you, including the 14-day right of withdrawal if you buy as a consumer.

Notice for California residents. Under California Civil Code section 1789.3, California users are entitled to the following consumer rights notice. The service is provided by Khoury Companies AB, Sandgatan 13, 311 47 Falkenberg, Sweden, telephone +46 73 031 74 84, email support@musikpitchen.se. The price of each service is shown on its page and in your order summary, and we charge no other fees. If you have a complaint, please contact us first. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

17.5 If you live anywhere else

You keep any protection that the mandatory consumer laws of the country where you live give you, and these terms apply only to the extent those laws allow.

18. Contact

Khoury Companies AB (Musikpitchen), Sandgatan 13, 311 47 Falkenberg, Sweden. Phone +46 73 031 74 84. Email support@musikpitchen.se.

19. Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To: Khoury Companies AB, Sandgatan 13, 311 47 Falkenberg, Sweden, email: support@musikpitchen.se

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the provision of the following service (*):

Ordered on (*) / received on (*):

Order number:

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is sent on paper):

Date:

(*) Delete as appropriate.