Terms of Service

1. Acceptance of Terms

By using BandAlert's services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our services.

2. Description of Service

BandAlert provides notification services connecting musical performers ("Bands") with their audiences ("Fans"). Bands can use the platform for free with email notifications, or pay for upgraded tiers that include SMS notifications. Fans can subscribe to notifications at no charge through web signup or, for paid-tier bands, by texting keywords to designated phone numbers. BandAlert also provides a tip jar feature that allows Fans to send voluntary tips directly to Bands through the platform.

3. Eligibility

You must be at least 13 years old to use BandAlert's services. By using our services, you represent that you meet this age requirement.

4. User Accounts and Registration

For Bands:

• You must provide accurate information during registration
• You may only register under a band name you have the legal right to use
• You are responsible for maintaining the security of your account
• Band names promoting hate, racism, or discriminatory content are prohibited
• You may only use the service to promote musical performances
• You must handle fan data received through our data sharing feature in accordance with the standards outlined in our Fan Data Sharing Agreement and comply with applicable privacy laws

For Fans:

• Registration requires only a valid mobile phone number
• You may create additional profiles with preferences if desired
• You are responsible for keeping your contact information current

5. Fees and Billing

Band Fees:

• Free Tier: No setup fee, no monthly fee (up to 50 fans, maximum 2 event alerts per billing cycle, email notifications only)
• Paid Tiers:
  • Basic: $10/month + $5 one-time setup fee (up to 100 fans, maximum 4 event alerts per billing cycle, SMS + email notifications)
  • Premium: $30/month + $10 one-time setup fee (up to 300 fans, maximum 6 event alerts per billing cycle, SMS + email notifications, priority support)

Payment Terms:

• Paid tier fees are billed monthly in advance
• Payment is processed through our third-party payment processor (Stripe)
• Failed payments result in automatic downgrade to the free tier after a grace period. SMS notifications will stop, but the band's profile, fans, and email notifications remain active
• Bands may re-upgrade to a paid tier at any time to restore SMS capabilities

Fan Fees:

• Fans are not charged by BandAlert for using the notification service
• Standard message and data rates from your mobile carrier may apply

Tip Jar:

• Fans may send voluntary tips to Bands through the platform
• Tips are processed by Stripe. Stripe processing fees are added to the tip amount and paid by the Fan at checkout
• BandAlert deducts a 4% platform fee from each tip before it is paid out to the Band
• Payouts to Bands are managed entirely by Stripe. BandAlert does not control payout timing or method

6. Refunds and Credits

• Refunds are only provided when BandAlert's service fails to function normally
• Message delivery failures will result in appropriate credits to affected Band accounts
• Refund requests are evaluated on a case-by-case basis
• Chargeback requests will only be honored if service failure can be verified
• Tips sent through the tip jar are not refundable by BandAlert. To request a refund for a tip, contact the Band directly

7. SMS Messaging Terms

Message Content:

• All messages are generated by BandAlert using standardized templates
• Messages contain event information provided by Bands (location, time)
• Bands cannot customize message content directly

Message Frequency:

• Fans receive notifications only for upcoming events unless they modify their profile settings
• Message frequency is limited by Band tier subscriptions
• BandAlert implements spam prevention technology

Opt-Out and Cancellation:

• Fans can opt out at any time by replying "STOP" to any message
• Fans can cancel subscriptions to specific bands without affecting other subscriptions
• Opt-out requests are processed immediately

Compliance:

• All SMS practices comply with FCC regulations and the Telephone Consumer Protection Act (TCPA)
• Fans receive required disclosures about message frequency, data rates, and opt-out procedures upon signup

8. Data Collection and Privacy

Fan Data:

• We collect only phone numbers for basic service functionality
• Optional profile creation may include additional preferences
• We do not sell, share, or distribute user data to third parties beyond what is immediately required to deliver the service.
• Data is retained only as long as necessary to provide services
• NB: Fans may choose to share their contact information with bands they follow. BandAlert is not responsible for the privacy practices of bands.

Security:

• We employ experienced security engineering to protect user privacy
• We integrate with trusted third-party services (Twilio and Sinch for SMS, Stripe for payments)
• Users are responsible for mobile carrier charges and security of their devices

Website Analytics:

• We use privacy-preserving, cookieless analytics to understand website usage patterns; see our Privacy Policy for details

9. Service Availability and Limitations

• BandAlert services are currently available in the United States only
• Service interruptions may occur for maintenance or technical issues
• We do not guarantee 100% message delivery due to factors beyond our control
• No analytics or reporting services are currently provided to Bands

10. Account Termination

By BandAlert:

• We may terminate accounts for violations of these Terms
• Accounts promoting hate, racism, or discriminatory content will be terminated
• Accounts using the service for non-musical purposes will be terminated
• Accounts misusing fan data shared through our platform, including selling data to third parties, sending non-music content, or violating privacy laws, will be terminated

By Users:

• Bands may cancel at any time; cancellation is effective at the end of the current billing cycle
• Fans may opt out of individual band notifications or delete profiles at any time

11. Intellectual Property

• Bands represent they have the right to use their registered band name
• Bands may not use copyrighted material without proper authorization
• BandAlert retains rights to its platform, technology, and generated content

12. Limitation of Liability

BandAlert provides services "as is" without warranties. We are not liable for:

• Message delivery failures due to carrier issues
• Service interruptions or technical problems
• Damages resulting from use or inability to use our services
• Third-party service provider failures

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Users will be notified of significant changes via email or SMS. Continued use of services after notification constitutes acceptance of modified Terms.

14. Governing Law

These Terms are governed by the laws of the State of Delaware. Any disputes arising from these Terms or use of BandAlert services shall be resolved in Delaware courts.

15. Contact Information

For questions about these Terms or BandAlert services, contact: [email protected]

16. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.