This Terms and Conditions document (the “Agreement”) is a legal agreement between Shelf Indulgence (referred to as “Shelf Indulgence,” “we,” or “us”) and you, the independent author using our platform (referred to as “Author” or “you”). By signing up for or using the Shelf Indulgence platform and services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree with these terms, you must not use Shelf Indulgence’s services.
Shelf Indulgence provides a digital distribution platform and related services to help indie authors publish and sell their works in multiple formats across various channels. Our key services include:
Multi-Format Distribution: We distribute your literary works in multiple formats, including eBooks, audiobooks, and print-on-demand paperbacks. Your content can be made available on numerous third-party retailer platforms (for example, Apple Books, Kobo, Amazon, and other partner bookstores) as well as any other channels we support.
Analytics and Reporting: We offer online tools and dashboards for you to track sales, downloads, and other pertinent performance data for your works across all distribution channels. These analytics are designed to help you understand your audience and sales trends in a clear, accessible manner. Additional Support: Shelf Indulgence may provide related services such as basic formatting or conversion of manuscripts, metadata management (book descriptions, keywords, etc.), and customer support to assist you in the distribution process. All services are provided pursuant to the terms of this Agreement.Note: Shelf Indulgence’s distribution services are non-exclusive. You retain the right to distribute or sell your works through other platforms or channels at your discretion. Our goal is to broaden your reach, not to restrict your options.
Shelf Indulgence operates on a commission-on-sales model. This means there are no upfront fees or charges for uploading or listing your works on our platform. Instead, we earn revenue by taking a commission from the sales of your content. Key points of this model include:
Commission on Sales: For each sale of your eBook, audiobook, or paperback through our distribution channels, Shelf Indulgence will deduct a percentage of the revenue as a commission. This commission percentage will be communicated to you (for example, via our website or your account dashboard) and is the fee for the services we provide.
No Sales, No Fees: If your work does not generate any sales, you owe us nothing. We only get paid when you get paid. This aligns our interests with yours and ensures that we are committed to helping your works succeed in the marketplace.
Transparent Deductions: The commission is deducted from the gross royalties we receive from retailer platforms. After the retailer’s own fees or share are taken out, we apply our commission to the remaining amount (your net royalty) and then remit the balance to you. We will make available records or reports of sales and the calculations of commissions/royalties so that you can clearly see how your earnings are determined.
As an Author on Shelf Indulgence, you are responsible for the content you distribute through our platform. To maintain legal compliance and uphold the quality and reputation of our services, you agree to the following content guidelines:
Legality and Rights: You affirm that you own or have obtained all necessary rights (copyrights, licenses, and permissions) for all content you publish via Shelf Indulgence. Your work must be original or properly licensed, and it must not infringe upon the copyrights, trademarks, or intellectual property rights of any third party. No plagiarized or unauthorized content may be distributed.
No Illegal or Prohibited Material: You may not publish any content that is illegal or encourages illegal activity. This includes, for example, content that is defamatory, obscene/pornographic (where unlawful or against store policies), hateful, harassing, or that incites violence or discrimination against any group. Content that violates any applicable law or regulation is strictly forbidden.
Compliance with Retailer Policies: Each third-party distribution channel (such as Apple Books, Kobo, Amazon, and others) may have its own content standards and restrictions. You agree to ensure that your content meets the guidelines of each retailer to which you choose to distribute. For instance, some retailers may have specific rules regarding explicit adult content, religious or political content, public domain material, etc. Shelf Indulgence may provide general guidance on these requirements, but it is ultimately your responsibility to familiarize yourself with and adhere to the content policies of each store.
Right to Review and Reject: Shelf Indulgence reserves the right to review, reject, or remove any content you submit if we determine, in our sole discretion, that the content violates these Content Guidelines, the terms of this Agreement, or the policies of a distribution partner. We may also disable distribution to a particular channel if your content does not comply with that channel’s requirements. In such cases, we will typically notify you of the issue so you have an opportunity to modify the content or address the concern, but we reserve the right to act immediately and remove content without prior notice if necessary (for example, in cases of obvious illegality or potential liability).
Content Quality and Format: For effective distribution, you should follow any formatting and quality guidelines provided by Shelf Indulgence or our retailers (e.g., file formats, cover image specifications, metadata standards). While not a legal restriction, adhering to these guidelines will help avoid technical issues and provide a better experience for readers. Content that is severely deficient in formatting or quality (for example, files that are corrupt or contain malware, blank or gibberish content, etc.) may be rejected until corrected.
By adhering to these content guidelines, you help ensure a positive experience for readers, retailers, and our platform. Failure to comply with the above requirements may result in suspension of distribution or termination of your account (see Termination section below), and you may be liable for any legal consequences of unlawful content.
Shelf Indulgence respects your intellectual property rights and wants to make clear how your rights are treated under this Agreement:
Ownership Retained by Author: As the Author, you retain full ownership and copyright over your works. Nothing in this Agreement transfers ownership of your content to Shelf Indulgence. Your books, audiobooks, and all associated materials remain your intellectual property.
License to Shelf Indulgence: In order for us to distribute and promote your work, you grant Shelf Indulgence a non-exclusive, worldwide license to reproduce, format, store, transmit, distribute, and display your content (and related metadata such as your book’s title, cover images, and description) solely for the purpose of providing the distribution and marketing Services under this Agreement. This means, for example, we have your permission to create necessary copies of your files on our servers, convert your manuscript into different formats if needed (e.g. from a Word document to an eBook format), and deliver your content to retail partners and end customers.
Sub-licensing to Retailers: You agree that Shelf Indulgence may sub-license the rights you grant us to third-party retailer platforms and distribution partners as needed. This sub-license is only for the purpose of allowing those retailers to list, sell, and deliver your content to consumers (for example, allowing an eBook retailer to host a copy of your eBook file and deliver it to purchasers).
Non-Exclusivity: The license and distribution rights you grant to Shelf Indulgence are non-exclusive. You are free to distribute your work through other platforms or channels simultaneously, and you may enter into other distribution agreements for the same content. There is no obligation to use Shelf Indulgence as your sole distributor.
Term of License: The rights granted to Shelf Indulgence for a particular work are effective for the duration that the work is enrolled in our Services. You can withdraw a work from distribution (or terminate this Agreement) at any time as described in the Termination section. Upon removal of a work or termination of your account, Shelf Indulgence will cease further distribution of that work within a reasonable period. However, you acknowledge that retailer partners may retain copies in their systems for backup or record-keeping, and customers who purchased your work will still have access to their copies. Shelf Indulgence may also retain archival copies of your content as required for legal compliance or system integrity (e.g. backup archives), but will not distribute those copies after termination.
No Waiver of Moral Rights: If any moral rights or similar rights apply to your content, you agree not to enforce those in a way that would interfere with the agreed usage of the content under this license (for example, you won’t use moral rights to stop us from making necessary format conversions). Other than that, all such rights remain with you.
This section ensures that while Shelf Indulgence has the necessary rights to perform its services, you maintain ownership of your creations. We do not claim any copyright or ownership of your content beyond the limited license described above.
Shelf Indulgence’s payment process is designed to pass on royalties to you in a fair and transparent manner, accounting for the timing and policies of various distribution channels. By using our service, you agree to the following terms regarding payments and royalties:
Royalties and Revenue Share: For each sale of your work on a third-party retailer platform, that retailer will pay a royalty or revenue share which is typically a percentage of the sale price (after any taxes or the retailer’s own fees). Shelf Indulgence will collect these payments on your behalf. From the amount we collect, we will deduct our agreed commission (as described in Section 3) and then the remainder is your royalty earned for that sale. You will be able to see the breakdown of sales and earnings in your Shelf Indulgence account reports.
Payment Schedule: Payment schedules vary by distribution channel. Different retailers and formats have different payout cycles (for example, some pay monthly, others quarterly, and many have a delay of several weeks after the sale to account for returns or processing). Shelf Indulgence will consolidate the royalties from all channels and make regular payouts to you. Generally, we will remit payments to you on a [monthly/quarterly] basis (e.g., monthly for the prior month’s collected earnings), but only after we have received the funds from the retailers. Each payment will include all royalties we have received and cleared for your sales, minus our commission and any applicable adjustments (such as refunds issued or withholding taxes, if any apply – see below).
Minimum Thresholds and Payment Method: If applicable, Shelf Indulgence may enforce a minimum payout threshold (a small minimum amount of royalties that must be accumulated before we issue a payment) to avoid excessive transaction fees on very small payments. Any such threshold will be communicated to you in advance (for example, an author might need to earn $10 before a payout is triggered; earnings will accrue until the threshold is met). Payments will be made via the payment method you select, and you are responsible for providing accurate payment details. Note that third-party payment processor fees or bank fees (if any) may be deducted or charged to you as applicable, but we will endeavor to use cost-effective methods.
Currency and Taxes: Royalties will generally be calculated in the currency in which we receive them (often US dollars, but potentially others depending on the store). We will pay out in the currency we offer for payouts (as communicated on our platform) or as agreed with you. Taxes: You are responsible for any taxes on your earnings. Shelf Indulgence does not withhold income taxes from your royalties unless required by law. You may be required to provide tax information (such as a tax ID or W-9/W-8BEN form if you are subject to U.S. tax reporting) so that we can comply with tax laws. Any sales taxes or VAT handling on customer purchases are generally managed by the retailers.
Channel-Specific Variations: You acknowledge that each distribution channel may have its own policies affecting royalties. For example, subscription services or library licensing models might pay based on pages read or a prorated share rather than a simple sale price, and audiobook platforms might have different royalty percentages. Shelf Indulgence will pass through your share from each channel in accordance with that channel’s terms. We do not guarantee a particular royalty rate from retailers, as those are set by the retailers or may depend on pricing or programs you opt into. We will, however, clearly report what each channel has paid for your content.
Royalties in Case of Returns or Adjustments: If a retailer issues a refund to a customer or adjusts a transaction (for instance, to correct an error or address fraud), the retailer may deduct that amount from the royalties they send us (often in a future payment cycle). If you have already been paid for a sale that was later refunded or canceled, Shelf Indulgence reserves the right to offset such amounts against future royalties payable to you, or to invoice you for the overpaid amount if necessary. We will provide documentation of any such occurrences.
No Liability for Retailer Payment Delays: Shelf Indulgence is not responsible for delays or failures in payment by third-party retailers. We facilitate the transfer of your earnings but are ultimately dependent on receiving funds from the external platforms. If a retailer delays payment, we will pay you as soon as the funds are received and cleared in our account. In the unlikely event a retailer becomes unable to pay (e.g., insolvency), we will inform you and work with you to address the situation, but Shelf Indulgence cannot guarantee payment for sales for which we have not actually received the corresponding revenue.
In summary, you will receive the royalties you’re entitled to for the sales of your works, passed through from the retailers, less our commission. We strive to be transparent and punctual in paying out your earnings. You should keep your payment information up to date and monitor your sales reports. If you have questions about any payment, you can contact us for clarification.
As-Is Service: Shelf Indulgence provides its platform and services on an “as is” and “as available” basis, without any warranties of any kind unless expressly stated. While we strive to offer the best possible service, we do not guarantee that the Shelf Indulgence platform will be uninterrupted, error-free, or meet all of your expectations. Use of our services is at your own risk.
Disclaimer of Warranties: To the fullest extent permitted by applicable law, Shelf Indulgence disclaims all warranties, express or implied, regarding the service and any outcomes from using the service. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no promise that your books will sell, that the platform’s analytics will be perfectly accurate at all times, or that distribution to every retailer will always be available or without issues. Any guidance or advice provided by Shelf Indulgence (for example, marketing tips or technical support) is given for informational purposes and does not constitute a warranty or guarantee of any result.
Limitation of Liability: To the extent permitted by law, Shelf Indulgence’s liability is limited. We (including our directors, officers, employees, and agents) will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or opportunities, arising out of or related to this Agreement or your use of the services. This limitation applies even if we have been advised of the possibility of such damages. In no event shall our total cumulative liability to you for any claims arising from or relating to this Agreement exceed the amount of commissions that we have earned from your sales during the three (3) months immediately preceding the event giving rise to the liability (or, if greater, an amount of fifty US dollars (USD $50) as a nominal cap). Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities, so some of the above limitations may not apply to you to the extent disallowed by law. However, in any case, our liability will be limited to the maximum extent permitted by applicable law.
Third-Party Platforms and Services: You acknowledge that your content will be distributed through third-party retailers and platforms which are beyond the control of Shelf Indulgence. Shelf Indulgence is not liable for the acts or omissions of any third-party service, including their decisions to accept or reject content, their website downtime, pricing or royalty changes, or any conduct of those platforms. We are also not responsible for any disputes or issues between you and a third-party consumer or retailer (for example, customer reviews, or a retailer’s unilateral decisions about your listing), although we may assist in communication or resolution when possible. Except for our obligation to forward you the royalties we actually receive (minus commission), you agree that Shelf Indulgence has no responsibility for the ultimate sale of your work through third-party stores or any claims arising out of those transactions. No Guarantee of Results: You accept that using Shelf Indulgence does not guarantee any particular outcome such as financial success, bestseller status, or a certain number of sales/downloads. Any estimates or examples of success that might be provided (in marketing materials or testimonials) are not promises of what will occur in your case.
Author’s Indemnity: You agree to indemnify, defend, and hold harmless Shelf Indulgence and its affiliates, and each of their respective directors, officers, employees, and agents, from and against any and all claims, liabilities, losses, damages, judgments, awards, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) that arise out of or relate to: (a) your breach of this Agreement (including any violation of the representations, warranties, or covenants you make herein), (b) your content (including any allegation that your content infringes or misappropriates the intellectual property or other rights of any third party, or that it is defamatory, obscene, or violates any law or regulation), or (c) your use of the Shelf Indulgence platform in violation of any law or the rights of any third party. In other words, if a third party sues or takes action against Shelf Indulgence because of something you did – for example, if you uploaded material you weren’t allowed to and someone claims copyright infringement – then you are responsible for covering our costs and losses from that situation. We will: (i) promptly notify you of any such claim (if we receive notice of a lawsuit or demand, for instance), (ii) allow you to control the defense and settlement of the claim (as long as the settlement fully releases Shelf Indulgence and does not impose any obligation or admission on us), and (iii) cooperate with you in the defense, at your expense. We reserve the right to participate in the defense with counsel of our choosing at our own expense, but this will not affect your obligations.
This indemnity obligation will survive the termination of this Agreement.
Both you and Shelf Indulgence have the right to terminate this Agreement under certain circumstances, as outlined below. Termination can affect the distribution of your works, so please read this section carefully.
Your Right to Terminate: You may terminate this Agreement at any time by providing written notice to Shelf Indulgence (for example, via email or through an account settings option, if available) and ceasing to use the platform. You also have the option to remove individual works from distribution without terminating your entire account. Upon receiving your termination notice or request to remove a work, Shelf Indulgence will, within a reasonable timeframe, take steps to halt further distribution of your content. Please note that while we can quickly stop supplying your work to retailers, it may take some time for all third-party retailers to remove or delist your content from their stores. We have no control over each retailer’s timetable or processes for takedown.
Shelf Indulgence’s Right to Terminate or Suspend: Shelf Indulgence may suspend the distribution of your content or terminate this Agreement (which includes closing your account) at our discretion, for reasons including but not limited to:
Breach of Terms: If you violate any material term of this Agreement (such as the Content Guidelines or the requirement to pay our commission), and do not cure the breach within a reasonable time after notice (if curable), we may terminate the Agreement and/or suspend your access. In severe cases (e.g., clear illegal content or fraud), termination or suspension may be immediate and without prior notice.
Legal Compliance: If we are notified of or discover content that is clearly unlawful or subject to a legal claim (for instance, a court order or DMCA copyright takedown notice), we may remove that content and, depending on the situation, suspend or terminate your account to comply with the law.
Extended Inactivity or Discontinuation: If your account is completely inactive for an extended period (e.g., several years with no logins or updates), or if we decide to discontinue the Shelf Indulgence platform or merge it into another service, we may terminate accounts with advance notice. In the case of discontinuation of service, we will provide as much notice as is practical and assist authors in transitioning elsewhere if possible.
Effect of Termination: Upon termination of the Agreement or removal of specific works:
Shelf Indulgence will stop distributing your affected content to retailers. Active listings should begin to come down as retailers process the removal. We advise that you also communicate with any retailers or monitor the takedown if you have concerns about timing.
This Agreement will no longer be in effect, except that any provisions that by their nature should survive (such as limitations of liability, indemnification, governing law, etc.) will continue to apply.
You will remain eligible to receive any outstanding royalties that were earned prior to termination. Shelf Indulgence will pay out any remaining amounts due to you on the next scheduled payout date (or sooner, at our discretion). If at the time of termination, there are unpaid royalties that we have not yet received from retailers, we will forward those to you when received (even if it is after the termination date).
At Shelf Indulgence's sole discretion, upon termination of this aggrement, Shelf Indulgence may choose to hold some or all of your royalties for a period of time to allow for any potential chargebacks, refunds, or other adjustments that may arise from your sales. This is to protect against losses that could occur if a retailer later disputes a sale or issues a refund. If you initiate the termination and no breach to the terms and conditions we may at our discretion choose to release the hold on your royalties sooner than if we initiated the termination.
If your account is terminated due to a breach of this Agreement or misconduct, you understand that any costs or liabilities incurred by Shelf Indulgence as a result (including potential legal fees or damages from your breach) may be pursued against you. Additionally, Shelf Indulgence reserves the right to refuse future service to anyone who has had their account terminated for cause.
Termination of this Agreement does not absolve either party from obligations incurred prior to termination. For example, you are still responsible for fees or indemnity obligations for acts that occurred before termination, and we are responsible for paying out earned royalties (Except where those have been put on hold). Termination is simply the cessation of future cooperative work under these terms.
Lastly, here are some general provisions that apply to this Agreement and the relationship between you and Shelf Indulgence:
Modification of Terms: Shelf Indulgence may update or amend these Terms & Conditions from time to time. If we make material changes, we will provide notice to you by posting the revised terms on our website (and/or via email or platform notification) and updating the “last updated” date at the top. Continued use of the services after the effective date of the revised Agreement constitutes your acceptance of the changes. If you do not agree to the revised terms, you should stop using the platform and may terminate the Agreement as described above.
Entire Agreement: This Agreement (along with any supplemental rules, guidelines, or policies that are expressly incorporated by reference, such as content policies or payment terms on the site) constitutes the entire agreement between you and Shelf Indulgence regarding the services. It supersedes all prior or contemporaneous understandings and agreements, whether written or oral, relating to the subject matter herein. You acknowledge that you have not relied on any representation, warranty, or statement not expressly set out in this Agreement.
Severability: If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remainder of the Agreement will remain in full force and effect. The invalid provision will, if possible, be modified to a valid form that reflects the intent of the original provision, or if that is not possible, deemed severable from this Agreement.
No Waiver: No failure or delay by Shelf Indulgence in exercising any right, power, or remedy under this Agreement shall operate as a waiver of that right or remedy. Similarly, any waiver or consent given by Shelf Indulgence on one occasion is effective only in that instance, and shall not be construed as a bar or waiver of any right on any other occasion. We still maintain the right to enforce all provisions of this Agreement at any time.
Relationship of Parties: You and Shelf Indulgence are independent contracting parties. Nothing in this Agreement shall be construed to create an employer-employee relationship, partnership, joint venture, or agency relationship between us. You do not have any authority to bind Shelf Indulgence, and we do not have any authority to bind you in any legal agreements with third parties. The Author is using the Shelf Indulgence service as an independent content owner, and Shelf Indulgence is acting as a service provider to facilitate distribution – not as owner of the content.
Assignment: You may not assign or transfer your rights or obligations under this Agreement to any other person or entity without our prior written consent. Shelf Indulgence may assign its rights and obligations to an affiliate or in connection with a merger, acquisition, or sale of assets, or by operation of law. This Agreement will be binding upon and inure to the benefit of the parties and their permitted successors and assigns.
Notices: Communications regarding this Agreement should be sent to us through the contact information provided on the Shelf Indulgence website (or updated contact info as we may provide). We will send official notices to you via the email address associated with your account, or by posting notifications in your account dashboard. It is your responsibility to keep your contact information current.
Headings: Section headings in this Agreement are provided for convenience only and have no legal or contractual effect.
By using Shelf Indulgence’s platform, you confirm that you have read this Agreement and agree to all of the above terms and conditions. We encourage you to save a copy of these terms for your records. If you have any questions or need clarification about any part of this Agreement, please contact us before proceeding. Thank you for choosing Shelf Indulgence, and we look forward to helping you share your work with the world.