Terms of Service

Last Updated: January 2025

1. Acceptance of Terms

By accessing or using nGage.band (“the Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you and nGage.band. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

nGage.band is a web-based and mobile band management platform that provides tools for:

Managing songs, lyrics, and chords
Creating and organizing setlists
Scheduling rehearsals and gigs
Sharing files and documents with band members
Coordinating calendars and events
Managing band members and permissions
Other band-related administrative functions

The Service is provided “as is” and “as available” without warranties of any kind, either express or implied.

3. Account Registration and Eligibility

3.1 Eligibility

You must be at least 16 years old to use the Service. By using the Service, you represent and warrant that:

You are at least 16 years of age
You have the legal capacity to enter into these Terms
You will comply with all applicable laws and regulations
All information you provide is accurate and current

3.2 Account Creation

You must provide a valid email address to create an account
You are responsible for maintaining the confidentiality of your account credentials
You are responsible for all activities that occur under your account
You must notify us immediately of any unauthorized use of your account

3.3 Account Security

We use passwordless authentication (email codes, SMS codes, or authenticator apps)
You are responsible for securing access to your email account and mobile device
You must not share your login codes or authentication tokens with others
You must log out of your account when using shared or public devices

4. User Conduct and Responsibilities

4.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

Violate any applicable laws, regulations, or third-party rights
Upload, post, or transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
Infringe upon any intellectual property rights, including copyrights, trademarks, or patents
Upload malicious code, viruses, or any other harmful software
Attempt to gain unauthorized access to the Service, other accounts, or computer systems
Interfere with or disrupt the Service or servers connected to the Service
Use automated systems (bots, scrapers) to access the Service without permission
Impersonate any person or entity or misrepresent your affiliation with any person or entity
Collect or store personal data about other users without their consent
Use the Service for any commercial purpose not explicitly authorized by us

4.2 Content Responsibility

You are solely responsible for all content you upload, post, or transmit through the Service
You represent and warrant that you own or have the necessary rights to all content you submit
You grant us a worldwide, non-exclusive, royalty-free license to use, store, and display your content solely for the purpose of providing the Service
You retain all ownership rights to your content

4.3 Band Member Responsibilities

If you are a band administrator, you are responsible for managing band members and their access
You must obtain consent from band members before adding them to your band
You are responsible for ensuring that shared content complies with these Terms
Band administrators may be held responsible for violations by their band members

5. Intellectual Property Rights

5.1 Service Ownership

The Service, including its original content, features, functionality, design, and software, is owned by nGage.band and protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 User Content

You retain ownership of all content you create, upload, or store using the Service
By using the Service, you grant us a limited, non-exclusive license to host, store, and display your content as necessary to provide the Service
This license terminates when you delete your content or account, except for content shared with other users (which may remain accessible to them)

5.3 Third-Party Content

The Service may contain content from third parties, including integrations with Google Calendar, Outlook, Dropbox, and other services. Your use of third-party content is subject to their respective terms of service and privacy policies.

6. Payment Terms

6.1 Subscription Plans

The Service may offer free and paid subscription plans
Paid plans are billed in advance on a recurring basis (monthly or annually)
Subscription fees are non-refundable except as required by law or as explicitly stated in our refund policy

6.2 Payment Processing

Payments are processed through third-party payment processors (e.g., Mollie)
You agree to provide accurate payment information
You authorize us to charge your payment method for all fees due
If payment fails, we may suspend or terminate your access to paid features

6.3 Price Changes

We reserve the right to change subscription prices at any time
Price changes will be communicated to you in advance
Continued use of the Service after a price change constitutes acceptance of the new pricing

6.4 Cancellation

You may cancel your subscription at any time through your account settings
Cancellation takes effect at the end of your current billing period
You will continue to have access to paid features until the end of your billing period
No refunds will be provided for partial billing periods

7. Third-Party Integrations

7.1 Third-Party Services

The Service integrates with third-party services (Google Calendar, Outlook, Dropbox, etc.). Your use of these integrations is subject to:

These Terms
The terms of service and privacy policies of the respective third-party services
Your explicit consent to enable each integration

7.2 Integration Responsibility

You are responsible for managing your third-party account credentials
We are not responsible for the availability, accuracy, or functionality of third-party services
We may discontinue integrations with third-party services at any time
Data synchronization with third-party services is provided “as is” without warranties

8. Service Availability and Modifications

8.1 Service Availability

We strive to maintain high availability but do not guarantee uninterrupted or error-free service
The Service may be temporarily unavailable due to maintenance, updates, or unforeseen circumstances
We are not liable for any loss or damage resulting from service interruptions

8.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time
We may add, remove, or modify features without prior notice
We will provide reasonable notice for significant changes that materially affect your use of the Service

9. Termination

9.1 Termination by You

You may terminate your account at any time through your account settings
Upon termination, your access to the Service will be immediately revoked
We will delete or anonymize your personal data in accordance with our Privacy Policy

9.2 Termination by Us

We may suspend or terminate your account immediately if:

You violate these Terms
You engage in fraudulent, abusive, or illegal activity
You fail to pay required fees
We are required to do so by law
You pose a security risk to the Service or other users

9.3 Effect of Termination

Upon termination, your right to use the Service immediately ceases
We may delete your account and all associated data
Content shared with other users may remain accessible to them
Provisions of these Terms that by their nature should survive termination will survive

10. Disclaimers and Limitations of Liability

10.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY, RELIABILITY, OR AVAILABILITY OF THE SERVICE

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, nGage.band SHALL NOT BE LIABLE FOR:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, DATA, OR USE
BUSINESS INTERRUPTION
DAMAGES RESULTING FROM USE OR INABILITY TO USE THE SERVICE

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10.3 Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless nGage.band, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

Your use of the Service
Your violation of these Terms
Your violation of any third-party rights
Your violation of any applicable laws or regulations

12. Dispute Resolution

12.1 Governing Law

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

12.2 Dispute Resolution Process

First, contact us at mailer@ngage.band to attempt to resolve any dispute informally
If informal resolution is not possible, disputes shall be resolved through binding arbitration or in the courts of the Netherlands, as applicable

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and nGage.band regarding the Service.

13.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

13.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet failures.

14. 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 this page
Updating the “Last Updated” date
Sending an email notification to registered users (for significant changes)

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

15. Contact Information

If you have questions about these Terms, please contact us:

Email: mailer@ngage.band
Website: https://app.ngage.band

Note: These Terms of Service are designed to comply with applicable laws and regulations. If you have any questions or concerns, please contact us before using the Service.