Legal
Terms of service
The terms and conditions for using the Arera platform.
Last updated: September 10, 2026
Welcome to Arera. These Terms of service govern your use of the Arera website, our headless API, dashboard, and the telecommunications and marketing automation platform (collectively, the "Services").
These Terms constitute a legally binding B2B agreement between Arera Software B.V., trading under the name Arera, and the individual, company, or organization creating an account or using the Services. Our Services are strictly intended for business and professional use.
1Company information
Arera Software B.V. (trading as Arera)
Frederiksstraat 1A
1054 LA Amsterdam
The Netherlands
Contact: info@arera.fm
2Arera's role and services
Arera provides a marketing automation platform tailored for the music industry, enabling record labels, artists, and agencies to:
Arera acts as a software conduit. We integrate with third-party telecommunications providers (such as Bird) to transmit your campaigns. Arera does not provide the physical telecom network, nor are we a telecommunications provider.
3Acceptable use & anti-spam policy
As a Client, you are solely responsible for the legality of the campaigns you run and the data you import into Arera. You explicitly agree to the following:
Explicit consent (opt-in) required
You guarantee that all phone numbers and personal data imported into Arera have been collected with valid, unambiguous, and legally compliant consent from the end-user. This must comply with GDPR, the Dutch Telecommunications Act, and TCPA (for US numbers).
Prohibited data sources
It is strictly prohibited to use purchased lists, scraped data, or any third-party lists where explicit consent for your specific brand/artist was not obtained.
Prohibited content
You will not use the Services to send spam, unsolicited messages, fraudulent content, or content related to unauthorized adult material, hate speech, illegal alcohol/firearms sales (SHAFT), or any material that infringes on third-party intellectual property rights.
Right to suspend
Arera and our telecom partners reserve the right to immediately delay, suspend, or terminate your campaigns or account, without prior notice or refund, if we suspect a violation of this policy.
4Fees, billing, and payments
You agree to pay all fees associated with your use of the Services according to our current pricing models.
Campaign base fee
Initiating certain services (e.g., Voice Campaign) requires a fixed Base fee. Once a campaign is launched and scheduled, this fee is strictly non-refundable.
Variable usage & credits
Variable costs (per-minute voice dialing, per-SMS costs, carrier surcharges) will be billed based on Arera's internal tracking.
Insufficient funds
Campaigns will fail or be suspended if your balance or payment method contains insufficient funds. Arera is not liable for incomplete campaigns resulting from insufficient balances.
No refunds
Except as explicitly required by law, all payments including Base fees, subscription fees, and pre-paid credits are non-refundable.
5Service level & deliverability
99.9% uptime target
Arera strives to maintain a 99.9% uptime for our software platform.
Deliverability disclaimer
Because our Services rely on third-party CPaaS networks and global Operator networks, we expressly disclaim any warranty regarding 100% deliverability of SMS, WhatsApp, or Voice calls. Arera will not issue refunds for messages or calls blocked, dropped, or delayed by third-party telecom operators.
6Data processing agreement (DPA)
In relation to the personal data of your Fans (End-Users), the Parties agree to the following relationship under the GDPR:
You are the Data Controller
You determine the purpose and means of collecting Fan data. You are responsible for handling Data Subject Requests from your Fans.
Arera is the Data Processor
We process Fan data solely on your behalf. We claim no ownership over your Fan data and will not sell, rent, or use it for our own marketing.
Sub-processors
You consent to Arera engaging sub-processors to deliver the Services:
7Full indemnification
You agree to fully indemnify, defend, and hold harmless Arera Software B.V. (trading as Arera), its affiliates, directors, and employees from and against any and all claims, losses, damages, liabilities, fines, penalties, and expenses arising out of or related to:
- 1Your failure to obtain legally valid consent (opt-in) from Fans before initiating communications.
- 2Your violation of the Acceptable Use Policy or any applicable telecommunications and privacy laws.
- 3Any fines or penalties levied against Arera by telecom operators, regulatory bodies, or third parties resulting from your traffic.
8Limitation of liability
To the maximum extent permitted by applicable law, Arera shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, or business interruption.
Liability cap
In no event shall Arera's total aggregate liability exceed the total amounts paid by you to Arera during the twelve (12) months immediately preceding the event giving rise to the liability.
9Term and termination
These Terms are effective as of the date of account creation (or the date of KYC acceptance) and remain in effect until terminated. Arera may suspend or terminate your account immediately if you materially breach these terms, fail to pay outstanding invoices, or violate the Anti-Spam policy. Upon termination, all outstanding Base fees and usage fees become immediately due and payable.
10Governing law & jurisdiction
Governing law
These Terms shall be governed by and construed strictly in accordance with the laws of the Netherlands.
Jurisdiction
The competent courts of Amsterdam, The Netherlands shall have exclusive jurisdiction to settle any dispute arising out of these Terms.
Questions about these terms?
For any questions about these Terms of Service, please contact us:
info@arera.fm