legal


Foam Creator Upload Agreement

Effective Date: 3 July 2026

This Creator Upload Agreement ("Agreement") governs the upload of audio content to Foam, a platform operated by Song Athletics Ltd ("Song Athletics", "Foam", "we", "us" or "our"). By creating a Creator account, uploading Content or otherwise making Content available through the Platform, you agree to be bound by this Agreement. This Agreement is in addition to the Foam Terms of Service and the Foam End User License Agreement ("EULA"). Where there is any conflict, this Agreement governs your relationship with Foam as a Creator.

1. Definitions

Creator means the individual or legal entity uploading Content to the Platform.

Content means any sample pack, loop, one-shot, stem, MIDI file, preset, recording, artwork, metadata, text or other material uploaded by a Creator.

User means any registered user of Foam who downloads Content.

Platform means Foam, operated by Song Athletics Ltd.

2. Creator Ownership

You retain ownership of all intellectual property rights in your Content. Nothing in this Agreement transfers ownership of your copyright to Foam.

3. Licence Granted to Foam

You grant Foam a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, display, distribute, promote and make your Content available through the Platform, including creating previews, thumbnails, waveforms and technical copies required to operate the service. This licence continues until your Content is removed, except where continued storage is reasonably necessary for backups, legal compliance or dispute resolution.

4. Licence Granted to Users

You authorise Foam to license your Content to Users under the Foam EULA. Licences granted before removal remain valid and Users may continue using previously downloaded Content in accordance with the EULA.

5. Creator Warranties

You warrant that you own or control all rights necessary to upload and license the Content; the Content is original or lawfully licensed; it infringes no third-party rights; you have all necessary permissions; uploading does not breach any agreement; and the Content is lawful.

6. Third-Party Material

You may not upload commercially released recordings, copyrighted samples, uncleared stems, recordings extracted from media, material generated in breach of another licence, or any content you are not authorised to sublicense. If third-party royalty-free material prohibits redistribution through a marketplace, it must not be uploaded.

7. AI-Generated Content

AI-assisted Content may only be uploaded where you have all rights necessary to license it. You must not upload AI-generated material where the originating AI service prohibits resale, redistribution or sublicensing of the generated output. Foam may require disclosure that Content is AI-generated or AI-assisted.

7A. Moral Rights

You consent to Foam creating previews, excerpts, alternative file formats, normalised previews, waveforms, thumbnails, spectrograms, resized artwork and corrected metadata where necessary to operate and promote the Platform. These actions do not transfer your moral rights or authorship.

8. Creator Conduct

You must not impersonate others, upload misleading or fraudulent Content, manipulate downloads, upload malware, interfere with Platform security or evade enforcement using duplicate accounts.

9. Metadata

Metadata must accurately describe the Content. Foam may edit metadata for formatting, discoverability, moderation or legal compliance.

9A. Technical Standards

Uploaded Content must comply with Foam's published technical requirements relating to formats, quality, sample rate, bit depth, metadata, artwork and organisation. Foam may reject non-compliant Content.

9B. Verification of Ownership

Foam may request project files, DAW sessions, licences, performer releases, source recordings or other reasonable evidence of ownership where rights are disputed or uncertain. Failure to provide satisfactory evidence may result in removal or suspension.

9C. Export Controls and Sanctions

You represent that your use of Foam complies with applicable export control laws and sanctions and that you are not prohibited from using the Platform.

10. Moderation

Foam may review, reject, suspend or remove any Content it reasonably believes infringes rights, breaches this Agreement, creates legal risk or harms the integrity of the Platform.

11. Copyright Complaints

Foam may disable access to Content, request proof of ownership or suspend accounts while investigating credible infringement allegations. Repeated infringement may result in permanent termination.

12. Takedown Requests

If you request removal, Foam will use reasonable efforts to stop future downloads. Existing licences granted to Users remain valid.

13. No Compensation

Unless expressly agreed in writing, uploading Content does not entitle you to payment or royalties. Foam may introduce optional compensation programmes in future.

14. Promotion

You permit Foam to use your creator name, logo, artwork, biography, profile image and excerpts of your Content to promote both your Content and the Platform.

14A. Featured and Verified Creators

Foam may award or withdraw Featured or Verified status at its discretion. Such status creates no exclusivity, employment or guarantee of promotion.

15. Account Suspension

Foam may suspend or terminate Creator accounts that breach this Agreement or create legal risk.

16. Indemnity

You agree to indemnify Song Athletics Ltd against claims, losses, liabilities and reasonable legal costs arising from your Content, breach of this Agreement or infringement of third-party rights.

17. Disclaimer

Foam does not guarantee publication, downloads, availability or uninterrupted operation of the Platform.

17A. Content Quality

Foam may reject or remove Content that is technically defective, misleading, substantially duplicative, incomplete or otherwise unsuitable for the catalogue.

17B. Abuse of the Platform

You must not scrape data, automate uploads without permission, manipulate rankings, create fake engagement, upload spam or reverse engineer the Platform except where permitted by law.

17C. Survival

User licences granted before removal, ownership provisions, indemnities, limitation of liability, governing law and other provisions intended to survive termination shall remain in effect.

18. Limitation of Liability

To the fullest extent permitted by law, Song Athletics Ltd shall not be liable for indirect, incidental or consequential losses. Aggregate liability shall not exceed £100 unless required by law.

19. Changes

Foam may amend this Agreement from time to time. Continued use constitutes acceptance of the revised Agreement.

20. Governing Law

This Agreement is governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction.

21. Contact

See details below.