Terms of Use

These Terms govern your access to and use of BandInPlay (the “Service”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

BandInPlay is a software platform that helps bands and their representatives manage shows, contacts, venues, electronic press kits, performance agreements, rehearsal files, and related communications. The Service is provided on a subscription basis, with a free trial and a demo environment available for evaluation.

2. Accounts

You must provide accurate information when creating an account and keep it current. You are responsible for activity under your account and for keeping your credentials secure. You may sign in with an email and password or with a supported third-party sign-in (such as Google). You must be old enough to form a binding contract in your jurisdiction to use the Service.

3. Bands, roles, and your content

The Service is organized around bands. A band may have one or more administrators and members. You retain ownership of the content you submit — show details, contacts, press materials, files, agreement terms, and similar data (“Your Content”). You grant BandInPlay a limited license to host, process, and display Your Content solely to operate and provide the Service to you and the people you authorize.

You are responsible for Your Content and for having the rights to submit it, including any third-party personal information (for example, a venue or purchaser contact you add).

4. Acceptable use

You agree not to:

• Use the Service to send unlawful, harassing, deceptive, or unsolicited bulk messages;
• Upload content you do not have the right to use, or that infringes others’ rights;
• Attempt to access accounts, bands, or data that are not yours, or probe, scan, or breach security;
• Interfere with or disrupt the Service, or impose an unreasonable load on it;
• Reverse engineer or resell the Service except as permitted by law.

5. Communications you send

The Service can send emails (and, in the future, text messages) on your behalf — for example, sending a performance agreement link to a purchaser. You are responsible for the recipients you choose and the content of those messages, and for complying with applicable anti-spam and communications laws. Outbound message usage may be metered and may count toward your plan.

6. Demo environment

The demo band is for evaluation only. Messages initiated from a demo context are not delivered to outside recipients. Demo data may be reset or removed at any time.

7. Subscriptions, trials, and billing

Paid plans, trial length, and pricing are described at signup and may change with notice. If you enroll in a paid plan, you authorize recurring charges through our payment processor until you cancel. Trials may convert to paid plans unless cancelled. Except where required by law, fees are non-refundable. If payment fails or a plan lapses, access may be paused or limited.

8. Third-party services

The Service relies on third parties to function, including a payment processor, an email delivery provider, and optional calendar integration. Your use of those features is also subject to the relevant third party’s terms. We are not responsible for third-party services.

9. Intellectual property

BandInPlay, its software, design, and marks are owned by us or our licensors and are protected by law. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service; they do not transfer any ownership in the Service to you.

10. Suspension and termination

You may stop using the Service at any time and may delete your band’s data from within the Service. We may suspend or terminate access for violation of these Terms, non-payment, or to protect the Service or its users. On termination, your right to use the Service ends; sections that by their nature should survive will survive.

11. Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that data will never be lost. You are responsible for keeping your own copies of important content.

12. Limitation of liability

To the fullest extent permitted by law, BandInPlay and its operators will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill. Our total liability for any claim relating to the Service will not exceed the amount you paid for the Service in the twelve months before the claim.

13. Indemnification

Your indemnification obligations are described in our Indemnification policy, which is incorporated into these Terms.

14. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you. Your continued use of the Service after changes take effect means you accept the updated Terms.

15. Governing law

These Terms are governed by the laws of the State of Tennessee, United States, without regard to its conflict-of-laws rules, and the parties submit to the courts located in Tennessee for any disputes, except where applicable law provides otherwise.

16. Contact

Questions about these Terms? Contact us at [email protected].