Terms of Service

Acceptance of terms

By accessing and using our services, you agree to comply with and be bound by these terms of service. If you do not agree to these terms, please refrain from using our services.

We reserve the right to update these terms of service at any time and without prior notice. It is your responsibility to regularly review these terms of service. Continued use of our services after any changes constitute a consent to the modified terms of service.

Definitions

A community is a page/group owned by an artist on the Backstaged platform.

An artist or community owner is a user who owns a Backstaged community to engage with their fans.

A fan or member is a user who is a member of or subscribes to an artist's community.

A user refers to any user account on our platform, including both artist and fan accounts.

We, us, and our refer to Backstaged and affiliated entities.

Platform refers to the Backstaged platform/website where artists and fans can sign up and interact with each other.

Services refers to any service or product provided or offered by us, including the Backstaged platform itself.

Content refers to any text, images, audio, video, files, or other materials uploaded, posted, or created by users on the platform.

User accounts & registration

Account creation

To use our services, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the accuracy of your account information and updating it as necessary.

Age requirements

Our platform is not intended for users under the age of 16 in the European Economic Area or under the age of 13 in the United States. By creating an account, you represent and warrant that you meet the minimum age requirement applicable to your jurisdiction. If you are under the applicable minimum age, you must have parental or guardian consent to use our services.

Account security

You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to:

• Use a strong, unique password
• Not share your account credentials with others
• Notify us immediately at support@backstaged.io if you suspect unauthorized access to your account
• Accept responsibility for all activities that occur under your account

We are not liable for any loss or damage arising from your failure to protect your account credentials.

Account termination

You may terminate your account at any time by contacting us at support@backstaged.io. Upon termination:

• Your access to the platform will be revoked
• Your content may be deleted in accordance with our data retention policies (as outlined in our privacy policy)
• You will not be entitled to any refunds for subscriptions or purchases, except as required by applicable law
• Any pending transactions may be cancelled or completed at our discretion

We reserve the right to suspend or terminate your account immediately, without notice, if you violate these terms of service.

Multiple accounts

You may not create multiple accounts to circumvent restrictions, avoid fees, or otherwise violate these terms. We reserve the right to suspend or terminate all accounts associated with a user who violates this provision.

Content ownership & rights

Artists maintain all rights to the content they upload, post, or create on Backstaged. We do not own any of the content uploaded, posted, or created by users on our platform.

By uploading, posting, or creating content on our platform, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, store, display, reproduce, and distribute your content solely for the purpose of operating, promoting, and improving our platform and services. This license terminates when you delete your content or terminate your account, except to the extent necessary for us to comply with legal obligations or enforce these terms.

We reserve the right to use the name, image, likeness, and logo of any artist who signs up on our platform. We may use this on our website, social media, advertisements, and other marketing purposes.

Content & user-generated content

Content responsibilities

You are solely responsible for the content you upload, post, or create on our platform. You represent and warrant that:

• You own or have the necessary rights, licenses, and permissions to use and authorize us to use your content
• Your content does not infringe upon the intellectual property, privacy, or other rights of any third party
• Your content complies with all applicable laws and regulations
• Your content is not illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable

Content sharing restrictions

You are not allowed to distribute content from a community outside of the community. This includes, but is not limited to:

• Downloading and sharing exclusive content on other platforms
• Recording or capturing content for redistribution
• Sharing access credentials with others
• Any other method of distributing community content outside the platform

We may use fingerprinting technology and other technical measures on content uploaded to or streamed on our platform to track and identify users who distribute content outside of the community.

Any breach of this rule can and will result in the immediate termination of your account with no entitlement to a refund. Furthermore, if we determine that your account has shared exclusive content from a community outside of the community, we reserve the right to disclose your personal information, including, but not limited to, your full name, billing information, device information, IP address, and access logs to the artist and/or their representative(s), and appropriate law enforcement agencies.

Content moderation

We employ a combination of automated systems and manual review to monitor content on our platform. We reserve the right, but not the obligation, to:

• Review, edit, or remove any content at any time
• Remove content that violates these terms or applicable laws
• Suspend or terminate accounts that repeatedly violate our terms

Reporting violations

If you believe that content on our platform violates these terms or infringes your rights, please contact us at support@backstaged.io with:

• A description of the content in question
• The location of the content (URL or community name)
• The reason for your report
• Any relevant evidence or documentation

We will review reports promptly and take appropriate action in accordance with these terms and applicable law.

Copyright & DMCA

We respect intellectual property rights and expect our users to do the same. If you believe that content on our platform infringes your copyright, please contact us at support@backstaged.io with a valid DMCA takedown notice or equivalent notice under applicable law. We will process valid notices in accordance with applicable law.

Artist & community owner responsibilities

Artists and community owners are responsible for:

• Managing their communities in accordance with these terms and applicable laws
• Delivering content and services as represented to their subscribers
• Responding to subscriber inquiries and concerns in a timely manner
• Ensuring that all content they upload complies with these terms and applicable laws
• Respecting the intellectual property rights of others
• Complying with all payment and tax obligations related to their use of the platform

We are not responsible for the actions, content, or conduct of artists or community owners. Any disputes between artists and subscribers should be resolved directly between the parties, though we may assist in facilitating communication when appropriate.

Acceptable use

By creating an account on Backstaged, you agree to use the platform solely for its intended purpose, which is to serve as a place for artists and fans to engage and connect with each other.

You are prohibited from engaging in any activities or conduct that misuse our services in a technical manner or exploit the platform for any unintended purposes, such as using it as a storage service or for other activities that could be detrimental to the platform and its users.

Prohibited activities include, but are not limited to:

• Attempting to gain unauthorized access to our systems or other users' accounts
• Using automated systems, bots, or scrapers to access or interact with the platform
• Interfering with or disrupting the platform's operation or security
• Reverse engineering, decompiling, or disassembling any part of the platform
• Using the platform to transmit viruses, malware, or other harmful code
• Engaging in any fraudulent, deceptive, or illegal activities

Community guidelines

By creating an account, users agree to uphold our community standards by refraining from posting any content that is illegal, offensive, or inappropriate. This includes, but is not limited to, content that is discriminatory, harassing, defamatory, fraudulent, indecent, obscene, vulgar, or unlawful in nature.

Repeated inappropriate behavior or gross violations of our terms of service may result in your account being limited or suspended without a refund.

Account suspension and limitation

We reserve the right to suspend and/or limit user accounts without prior notice in the event of any violation of these terms of service. In the case of account suspension or limitation due to a violation of our terms of service, we shall have no obligation to refund or reimburse any lost funds, subscription fees, products, or other associated costs, perks, or benefits.

Users acknowledge and agree that any misuse or violation of these terms may result in account suspension and/or limitation along with the forfeiture of all funds, subscription fees, and other associated costs, perks, benefits or entitlements.

If your account is suspended or limited due to a violation of our terms of service, we may hold and retain any funds associated with your account until the resolution of the suspension or limitation. This includes, but is not limited to, any pending payments, withdrawals, balances, and funds received from sales or subscriptions made or renewed during the suspension period. Funds may be held to cover potential penalties or damages resulting from the violation.

We reserve the right to suspend and/or limit any account belonging to a person who has violated our terms of service, including any future accounts. These accounts will also be subject to forfeiture of any funds, subscription fees, and other associated costs, perks, or benefits without refund.

Subscriptions & billing

Subscription plans

We offer subscription plans that provide access to artist communities. Subscriptions may be available on a monthly or annual basis, as indicated at the time of purchase.

Auto-renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. By subscribing, you authorize us to charge your payment method automatically for each renewal period.

Billing cycles

• Monthly subscriptions: Renew on the same calendar day each month following the initial purchase date (or the last day of the month when applicable)
• Annual subscriptions: Renew annually on the same calendar date as the initial purchase

You will be charged the subscription fee at the beginning of each billing cycle. If payment fails, we may suspend or terminate your subscription and access to the community and/or other services.

Cancellation

You may cancel your subscription at any time by contacting us at support@backstaged.io or through your account settings (where available). When you cancel:

• Your subscription will not renew at the end of the current billing period
• You will retain access to the community until the end of the current billing period for which you have already paid
• You will not receive a refund for the current billing period, except as required by applicable law

Price changes

We reserve the right to modify subscription prices at any time. We will provide reasonable notice of any price changes, typically at least 30 days in advance. If you do not agree to the new price, you may cancel your subscription before the price change takes effect.

Payments & fees

Backstaged accepts credit and debit card payments through our payment processor Stripe. By making a payment on our platform, you agree to the terms and conditions of Stripe.

Backstaged accepts payments on behalf of artists. At any time, artists can view their total revenue, net earnings, and amount currently available for withdrawal. To prevent fraud, we hold funds for up to 30 days, after which the funds will either be released to the artist, or refunded to the customer if fraud is suspected.

Backstaged takes a 10% fee of all revenue generated on our platform. Some payments and withdrawals may incur an additional payment processing or currency conversion fee which will be added on top of the 10% platform fee.

Refunds & cancellations

Due to the digital nature of the products available for purchase through Backstaged, all sales are final, and we do not offer refunds unless required by applicable law. If you would like to request a refund from the artist regardless, please first reach out directly to the artist you made the purchase from.

For any questions or concerns regarding your purchase, or if you would like to request a refund directly from us, please email us at support@backstaged.io.

If you are a consumer in the European Economic Area, you may have additional rights under applicable consumer protection laws, including the right to withdraw from certain purchases within 14 days of purchase, subject to exceptions for digital content.

Data privacy & security

Our policy for handling data privacy and security is outlined in our privacy policy, which is an integral part of these terms of service.

Intellectual property

All content on the Backstaged platform, website, and associated services, including, but not limited to, text, graphics, logos, and software, is the property of Backstaged and is protected by copyright and other intellectual property laws. Unauthorized use of this content is prohibited.

You may not attempt to reverse engineer or otherwise abuse or misuse any services offered by us. Any violation of this may result in the suspension or limitation of your account and/or legal action.

Service availability & modifications

Service availability

We strive to provide continuous access to our platform, but we do not guarantee that the service will be available at all times or free from interruptions, errors, or security vulnerabilities. The service is provided on an "as available" basis.

We may perform scheduled or unscheduled maintenance that may temporarily interrupt service. We will make reasonable efforts to provide advance notice of scheduled maintenance when possible.

Service modifications

We reserve the right to modify, suspend, or discontinue any part of our services at any time, with or without notice. We may also impose limits on certain features or restrict access to parts of the service without notice or liability.

If we make material changes to our services that negatively affect your use of the platform, we will provide reasonable notice where feasible. Your continued use of the service after such changes constitutes acceptance of the modified service.

Disclaimers & warranties

Service provided "as is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• The service will meet your requirements or expectations
• The service will be uninterrupted, timely, secure, or error-free
• The results obtained from using the service will be accurate or reliable
• Any errors or defects in the service will be corrected

Content disclaimers

We do not endorse, support, or guarantee the accuracy, completeness, or quality of any content posted by users, including artists. You acknowledge that you may be exposed to content that is inaccurate, offensive, or otherwise objectionable. We are not responsible for any content or conduct of users on the platform.

Third-party services

Our platform may integrate with or link to third-party services, including payment processors, analytics providers, and other services. We are not responsible for the availability, content, or practices of third-party services. Your use of third-party services is subject to their respective terms and conditions.

Digital content

Due to the digital nature of the content available on our platform, you acknowledge that:

• Digital content may not be returned or refunded except as required by applicable law
• Content may be subject to technical limitations and compatibility requirements
• We are not responsible for any loss of content due to technical failures or user error

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BACKSTAGED, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

The actions of users are not the responsibility or liability of Backstaged or its affiliated entities. We are not responsible or liable for any content or behavior that takes place on our platform. All users must independently ensure adherence to all governing laws and regulations.

Our total liability to you for all claims arising out of or relating to your use of the service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or one hundred euros (€100), whichever is greater.

Nothing in these terms excludes or limits our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited under applicable law

Indemnification

You agree to indemnify, defend, and hold harmless Backstaged, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the service
• Your violation of these terms
• Your violation of any rights of another user or third party
• Your content or conduct on the platform

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claims.

Dispute resolution

Governing law

These terms of service shall be governed by and construed in accordance with the laws of Denmark, without regard to its conflict of law provisions.

Jurisdiction

Any disputes arising out of or relating to these terms or your use of the service shall be subject to the exclusive jurisdiction of the courts of Denmark.

Consumer rights

If you are a consumer in the European Economic Area, you may have additional rights under applicable consumer protection laws. Nothing in these terms affects your statutory rights as a consumer.

Informal resolution

Before initiating any formal legal proceedings, we encourage you to contact us at support@backstaged.io to attempt to resolve any disputes informally. We will make reasonable efforts to address your concerns promptly.

Force majeure

We shall not be liable for any failure or delay in performance under these terms that is due to causes beyond our reasonable control, including, but not limited to:

• Natural disasters, acts of God, or other catastrophic events
• War, terrorism, riots, or civil unrest
• Government actions, laws, regulations, or orders
• Pandemics, epidemics, or public health emergencies
• Internet or telecommunications failures or disruptions
• Strikes, labor disputes, or other industrial action

If a force majeure event occurs, we will make reasonable efforts to notify you and resume performance as soon as practicable.

Severability & entire agreement

Severability

If any provision of these terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Entire agreement

These terms of service, together with our privacy policy, constitute the entire agreement between you and Backstaged regarding your use of the service and supersede all prior agreements, understandings, or communications, whether written or oral.

Relationship to privacy policy

Our privacy policy is incorporated into these terms by reference and governs how we collect, use, and protect your personal information. In the event of any conflict between these terms and the privacy policy regarding data handling, the privacy policy shall prevail.

Miscellaneous

Assignment

You may not assign or transfer these terms or any rights or obligations hereunder without our prior written consent. We may assign or transfer these terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of assets.

Waiver

Our failure to enforce any provision of these terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by us to be effective.

Notices

We may provide notices to you by email to the email address associated with your account or by posting notices on our platform or website. You are responsible for ensuring that your email address is current and that you check your email and our website regularly for updates to these terms.

Changes to terms

We reserve the right to modify these terms at any time. We will notify you of material changes by:

• Posting the updated terms on our website
• Updating the "last updated" date at the top of this page
• Sending an email notification to the email address associated with your account (for material changes)

Your continued use of the service after such changes constitutes acceptance of the modified terms. If you do not agree to the modified terms, you must stop using the service and may terminate your account.

Contact information

If you have any questions, concerns, or inquiries regarding these terms of service, please contact us at support@backstaged.io and we will respond to your inquiry as soon as possible.