Report Terms
1. Acceptance
By accessing, receiving, opening, reviewing, downloading, using or relying upon any report, presentation, dashboard export, PDF, spreadsheet, email, shared link or other material provided by ANDR (collectively, the “Report”), the recipient agrees to be bound by these Report Terms.
If the recipient does not agree to these Report Terms, the recipient must immediately cease using the Report and permanently delete all copies in its possession or control.
Any person who receives the Report without ANDR’s authorisation remains bound by Sections 2, 4, 5 and 10 and must promptly notify ANDR and delete all copies.
Authority to receive.
Any person who requests, accepts or arranges delivery of the Report on behalf of an organisation warrants that they are authorised to do so and to bind that organisation to these Report Terms. Where the Report is provided on a recurring basis, that warranty is given in respect of each delivery.
Internal circulation.
The recipient organisation is responsible for determining who within its organisation receives the Report and for ensuring that any internal recipient is made aware of these Report Terms. ANDR is not responsible for the internal distribution decisions of the recipient, or for any lack of internal awareness, alignment or approval within the recipient’s organisation.
Withdrawal.
Any recipient may, at any time and without giving a reason, notify ANDR in writing at reports@andrmusic.co that it no longer wishes to receive the Report. ANDR shall cease delivery promptly upon receipt of such notice. Sections 2, 4 to 7 and 9 to 16 continue to apply to Reports already provided.
2. Ownership
All reports, analyses, recommendations, forecasts, rankings, scores, audience intelligence, market intelligence, demand intelligence, insights, methodologies, visualisations, derived datasets and other information contained in the Report (collectively, the “ANDR Intelligence”) are proprietary to ANDR and are protected by applicable intellectual property, database, trade secret and other laws.
The recipient acquires no ownership rights in the ANDR Intelligence.
3. Nature and Sources of the Report
The Report is compiled from publicly available and licensed third-party data, including platform application programming interfaces, licensed datasets and aggregated market data. Where the recipient is an ANDR customer, the Report may additionally incorporate information supplied by the recipient or by artists, managers, labels or their representatives.
ANDR does not independently verify, audit or validate publicly available or licensed third-party information and assumes no obligation to do so.
Data underlying the Report may be incomplete, delayed, sampled, aggregated, estimated, modelled, geographically restricted, retrospectively revised by the source, or wholly unavailable, including as a result of platform limitations, API changes or outages, rate limits, privacy settings, account-level restrictions, licensing terms or changes in third-party data availability.
The absence of data in respect of any artist, release, territory, platform, channel or period does not indicate the absence of underlying activity.
The Report reflects information available as at the date of generation only. It is a point-in-time snapshot and does not account for events, data revisions or market developments occurring after that date.
ANDR has no obligation to update the Report, to reissue it, or to notify the recipient of any change, correction or revision.
4. Automated Processing and AI-Generated Content
The recipient acknowledges that the Report is generated, in whole or in part, using automated systems, statistical models, machine learning techniques and large language models.
Outputs produced by such systems are probabilistic in nature and may contain errors, omissions, inaccuracies, mischaracterisations, hallucinated content, misattributions or inferences that prove to be incorrect.
Human review of the Report may be limited, partial or absent.
The Report is not intended to serve as the sole basis for any decision producing legal or similarly significant effects concerning any individual, and the recipient shall not use it as such.
The recipient is solely responsible for independently verifying any statement, figure, score, ranking or recommendation in the Report before relying upon it or acting upon it.
5.Opinions, Estimates and Forward-Looking Statements
Scores, rankings, benchmarks, indices, forecasts, projections, growth estimates, momentum indicators, comparisons and recommendations contained in the Report constitute ANDR’s opinions, estimates and analytical judgements. They are not, and shall not be construed as, statements of fact.
Statements regarding future performance, audience growth, release outcomes, touring demand, market development or commercial potential are forward-looking and are subject to significant risks, assumptions and uncertainties. Actual outcomes will differ, and may differ materially.
ANDR makes no guarantee, promise or assurance of any commercial outcome, including streaming performance, chart position, audience growth, engagement, ticket sales, revenue, profitability, valuation or return on investment.
6. No Advice and No Reliance
The Report does not constitute financial, investment, legal, tax, accounting, regulatory or other professional advice, and must not be treated as a substitute for such advice.
The Report does not constitute an offer, solicitation, inducement or recommendation to enter into any transaction, to sign, retain or release any artist, to make or dispose of any investment, or to commit funding to any release, campaign, tour or other activity.
The recipient shall make its own independent assessment and shall obtain its own professional advice before taking any action. The recipient confirms that it does not rely, and will not rely, on the Report as the sole or primary basis for any decision.
Nothing in the Report or in the provision of the Report creates any fiduciary, advisory, agency, partnership or professional relationship between ANDR and the recipient.
ANDR owes no duty of care to any person other than the named recipient, and no duty of care to any person referenced or analysed in the Report.
7. Third Parties Referenced in the Report
The Report may reference or analyse artists, releases, catalogues, companies, platforms, venues, markets and other third parties.
Such references are analytical in nature. Inclusion in the Report does not constitute an endorsement, criticism, affiliation, partnership, sponsorship or any statement regarding the character, conduct, competence or standing of any person or organisation.
ANDR makes no representation that any third party referenced in the Report has reviewed, approved, contributed to or is aware of the Report.
Where the Report contains personal data within the meaning of applicable data protection law, the recipient shall process such data lawfully and in accordance with the General Data Protection Regulation and any other applicable law, acting as an independent controller in respect of its own subsequent processing.
8. Permitted Use
The recipient may use the Report solely for its own internal business evaluation, planning and decision-making purposes.
No other rights are granted.
Certain data underlying the Report originates from third-party providers whose own terms of use may apply. The recipient shall not use the Report in any manner that would cause ANDR or the recipient to breach those terms.
9. Prohibited Uses
The recipient shall not, directly or indirectly:
a) copy, reproduce, distribute, publish, sell, sublicense, commercialise or otherwise exploit the Report or any ANDR Intelligence;
b) use any ANDR Intelligence to train, fine tune, benchmark, validate, evaluate, calibrate, improve or develop any artificial intelligence system, machine learning model, analytics platform, database, recommendation engine or similar technology;
c) create derivative datasets, derivative intelligence products, derivative scoring systems, derivative rankings, derivative recommendation systems or competing analytical products based upon the Report;
d) use the Report or any ANDR Intelligence to develop, improve or support any product, service or technology that competes with or substitutes for ANDR;
e) reverse engineer, deconstruct, replicate or otherwise attempt to discover the methodologies, models, workflows, algorithms or logic underlying the Report;
f) share, distribute or disclose the Report to any third party except (i) to employees, officers and professional advisers of the recipient’s own organisation who require access for the permitted purpose and who are made aware of these Report Terms, or (ii) with the prior written consent of ANDR.
g) quote, excerpt, cite or attribute the Report or any part of it publicly, including in marketing materials, investor materials, press communications or social media, except with the prior written consent of ANDR;
h) present the Report, or any figure or conclusion drawn from it, in an incomplete, selective, altered or misleading manner, or in any way that misrepresents ANDR’s analysis or the limitations set out in these Report Terms.
10. Confidentiality
The Report and all ANDR Intelligence contained therein shall be treated as confidential information.
The recipient shall maintain the confidentiality of the Report and shall use at least the same degree of care it uses to protect its own confidential information, and no less than a reasonable standard of care.
11. No Warranty
The Report is provided for informational purposes only.
The Report is provided on an “AS IS” and “AS AVAILABLE” basis and may contain estimates, assumptions, forecasts, predictions, third-party information, modelled data or automated analyses.
To the fullest extent permitted by law, ANDR makes no representation, warranty, condition or undertaking of any kind, whether express, implied or statutory, regarding the accuracy, completeness, currency, reliability, fitness for any particular purpose, non-infringement or merchantability of the Report.
12. Acknowledgement and Assumption of Risk
The recipient acknowledges and agrees that:
a) it may disagree with any conclusion, score, ranking, characterisation, forecast or recommendation contained in the Report;
b) disagreement with, dissatisfaction with, or an unfavourable finding in the Report does not of itself constitute inaccuracy, error, breach, negligence, misrepresentation or a basis for any claim against ANDR;
c) analytical outputs will differ from those produced by other methodologies, and such difference does not indicate error;
d) it assumes all risk arising from its use of, reliance upon, or inability to use the Report; and
e) to the fullest extent permitted by law, it waives any claim against ANDR arising out of or relating to any opinion, estimate, score, ranking, forecast, characterisation or recommendation contained in the Report.
13. Corrections
If the recipient, or any person referenced in the Report, believes that the Report contains a material factual inaccuracy, it may submit a written correction request to legal@andrmusic.co, setting out the alleged inaccuracy and any supporting evidence.
ANDR may, at its sole discretion, review the request and, where it considers it appropriate, correct, update, annotate or withdraw the relevant content in a subsequent version.
Correction, annotation or withdrawal in a subsequent version is the sole and exclusive remedy available in respect of any alleged inaccuracy. No right to compensation, damages, retraction, publication or any other remedy arises.
14. Limitation of Liability
To the fullest extent permitted by law, ANDR shall not be liable for any indirect, incidental, special, consequential or punitive loss or damage, or for any loss of profit, revenue, business, contracts, opportunity, anticipated savings, goodwill, reputation or data, arising from or relating to the use of, reliance upon, or inability to use the Report, whether arising in contract, tort, negligence, statute or otherwise, and whether or not ANDR was advised of the possibility of such loss.
Where the Report is provided to the recipient at no charge, including where it is provided for evaluation, demonstration, trial or business development purposes, the recipient acknowledges that the Report is supplied gratuitously and, to the fullest extent permitted by law, ANDR shall have no liability whatsoever arising from or relating to the Report.
Where the recipient pays fees to ANDR in respect of the Report, ANDR’s total aggregate liability arising from or relating to the Report shall not exceed the amounts actually paid by the recipient to ANDR in respect of the Report in the twelve months preceding the event giving rise to the claim.
The recipient acknowledges that the allocation of risk set out in this Section reflects the basis on which the Report is provided, and that ANDR would not provide the Report on any other basis.
Nothing in these Report Terms excludes or limits ANDR’s liability for fraud or fraudulent misrepresentation, for wilful misconduct, for gross negligence, for death or personal injury caused by negligence, or for any other liability that cannot lawfully be excluded or limited under Belgian law.
15. Indemnity
The recipient shall indemnify and hold harmless ANDR and its officers, employees and affiliates against all claims, liabilities, losses, damages, costs and expenses (including reasonable legal fees) arising from or relating to the recipient’s use of the Report, its onward disclosure of the Report, its reliance upon the Report, or its breach of these Report Terms.
16. General
Injunctive relief.
The recipient acknowledges that any unauthorised use or disclosure of the Report may cause irreparable harm to ANDR. ANDR shall be entitled to seek injunctive relief, specific performance and other equitable remedies in addition to any other rights or remedies available under applicable law.
Amendments.
ANDR may amend these Report Terms from time to time. The version applicable to any Report is the version in effect on the date that Report was provided.
Severability.
If any provision of these Report Terms is held to be invalid, unlawful or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed. The remaining provisions shall continue in full force and effect.
Survival.
Sections 2, 4 to 7 and 9 to 16 survive any termination of the recipient’s access to or use of the Report.
Relationship with other agreements.
Where the recipient has entered into a separate written agreement with ANDR governing the same subject matter, that agreement prevails to the extent of any conflict. In all other cases these Report Terms apply.
Governing law.
These Report Terms shall be governed by and construed in accordance with the laws of Belgium.
Disputes.
Any dispute arising out of or relating to these Report Terms shall be resolved in accordance with the dispute resolution provisions set out in ANDR’s Terms of Service. Where the recipient is not party to ANDR’s Terms of Service, the courts of Ghent, Belgium shall have exclusive jurisdiction.