Terms and Conditions

1. About these terms

These Terms and Conditions (the “Terms”) are an agreement between you and bosDAT, a sole proprietorship (eenmanszaak) registered with the Netherlands Chamber of Commerce under KVK number 42124641, established in Haren, the Netherlands (“bosDAT”, “gigBuddy”, “we”, “us” or “our”).

They apply to the gigBuddy service available through www.gig-buddy.nl, gig-buddy.app, app.gig-buddy.nl and any related web app, progressive web app, feature, support channel or service we provide (together, the “Service”).

By creating an account, starting a trial, purchasing a subscription or otherwise using the Service, you agree to these Terms. If you use the Service for a band, organisation or business, you confirm that you are authorised to bind it to these Terms. If you do not agree, do not use the Service.

If you are under 18, you may use the Service only with permission from a parent or legal guardian. You must be legally able to enter into any purchase you make.

2. The gigBuddy Service

gigBuddy is a platform for performing artists and bands. Depending on your plan and role, it can help you manage items such as gigs, rehearsals, availability, calendars, contacts, venues, songs, setlists, chord charts, files, tasks, expenses, invoices, bookkeeping, merchandise, marketing and integrations.

The Service includes personal Artist workspaces and shared Band workspaces. Features, usage limits, storage, support levels and prices differ by plan. The plan description shown on the pricing page and at checkout forms part of your agreement with us.

gigBuddy is an organisational tool. It is not a booking agent, employer, accountant, tax adviser, payment institution or party to agreements between artists, bands, venues, promoters, customers or other third parties. You remain responsible for checking gig details, contracts, invoices, tax records, payments and other information before relying on or sending it.

3. Accounts and Band workspaces

Your account

You must provide accurate, current information and keep it up to date. Your account is personal. Keep your login credentials secure, do not share them, and tell us promptly at support@gig-buddy.nl if you suspect unauthorised access. You are responsible for activity through your account to the extent permitted by law.

Band workspaces

A Band workspace may have one or more owners or administrators. They can invite or remove members, assign permissions, manage a subscription, and access, change, export or delete content in that workspace. If you join a Band workspace, you authorise its owners and administrators to manage your access and contributions within that workspace.

The person or organisation that purchases a Band plan is responsible for the subscription charges. Band members are responsible for deciding among themselves who may administer the workspace and how costs, payments and access are handled. We do not resolve internal band ownership, membership or payment disputes, but may request reasonable evidence before changing control of a workspace.

4. Free plans, trials, subscriptions and payment

Free plans and trials

Free plans may be used without a payment method, subject to their stated feature and usage limits. When we offer a free trial of a paid plan, the trial length and included features will be shown when you start it. Unless the checkout or trial offer clearly says otherwise, no payment method is required and the workspace returns to an eligible free plan when the trial ends.

Paid subscriptions

Paid plans are offered on a monthly or yearly basis. Prices, the billing period, included features and any taxes are shown before you place the order. Consumer checkout prices include applicable VAT; business pricing may be displayed excluding VAT where permitted. Payments may be processed through Mollie using the payment methods available at checkout.

Subscriptions are billed in advance and renew automatically for the same billing period until cancelled. By purchasing a subscription, you authorise us and our payment provider to collect each recurring payment using your selected payment method. We will provide an order confirmation on a durable medium, such as email.

Changing or cancelling a plan

You can change or cancel a subscription through the account’s subscription settings or by contacting support@gig-buddy.nl. A subscription purchased online can also be cancelled online. Cancellation takes effect at the end of the paid billing period, so paid features remain available until then. We do not charge a cancellation fee.

Unless required by law or stated otherwise at checkout, fees already paid for a started billing period are not refunded merely because you stop using the Service or cancel before that period ends. This does not affect the consumer right of withdrawal below or your remedies if we fail to supply a conforming digital service.

If a payment is overdue, we may send reminders and, after giving reasonable notice, restrict paid features or downgrade the relevant workspace. Consumers will receive any legally required payment reminder and cure period before collection costs are charged. You remain responsible for valid outstanding amounts.

Plan and price changes

We may change plan features or subscription prices for a future renewal. We will give account owners reasonable advance notice of a material change. A price increase does not apply to a billing period already paid for. You may cancel before the change takes effect. If a change negatively affects a consumer’s access to or use of the digital service by more than a minor amount, the consumer may terminate without charge where required by law.

5. Consumer right of withdrawal

If you are a consumer and purchase a paid subscription online, you generally have the right to withdraw from that contract within 14 days without giving a reason. The withdrawal period starts on the day the subscription contract is concluded.

To withdraw, use the online withdrawal or cancellation function made available in the Service, or send us an unambiguous statement by email at support@gig-buddy.nl. You may use the model form below, but you do not have to. It is enough to send your notice before the 14-day period expires. We will acknowledge an online withdrawal without undue delay.

If you expressly ask us to start providing the paid Service during the withdrawal period and then withdraw, we may charge a proportionate amount for the Service supplied up to the time of withdrawal, but only where the law permits. We will refund any remaining amount due within 14 days after receiving your withdrawal notice, using the original payment method unless agreed otherwise.

6. Your Content

“Your Content” means information and material you or other workspace members upload, enter, create or share through the Service, such as band details, contacts, schedules, lyrics, chord charts, setlists, photos, recordings, contracts, receipts and financial records.

You retain ownership of Your Content. You give us a non-exclusive, worldwide, royalty-free licence to host, copy, process, transmit, display and technically modify Your Content only as needed to operate, secure and support the Service, comply with the law, and follow your instructions. This licence lasts for as long as the content is stored in the Service and for a reasonable backup and deletion period afterwards.

You confirm that you have the rights and permissions needed to use and share Your Content in the Service. You must respect copyrights, performers’ rights, portrait rights, privacy rights and confidentiality obligations. Do not upload material simply because it is available online.

You choose who can access Your Content through workspace membership, permissions, public pages and share links. Public pages and links may be accessible outside gigBuddy and may be copied by others, so check them before publishing.

We may remove or restrict access to content where we reasonably believe it is unlawful, infringes rights, creates a security risk or breaches these Terms. Where appropriate and legally permitted, we will explain the reason and provide a way to contact us about the decision.

7. Acceptable use

You must use the Service lawfully and in a way that does not harm gigBuddy, other users or third parties. You must not:

• upload or share unlawful, fraudulent, defamatory, threatening, discriminatory, infringing or privacy-invasive material;
• send spam or unsolicited commercial messages, or use contact data without an appropriate legal basis;
• introduce malware, probe or bypass security, interfere with the Service, or access accounts, data or systems without permission;
• scrape, copy, reverse engineer or extract the Service except where applicable law expressly allows it;
• resell, sublicense or make the Service available to third parties as a competing hosted service;
• misrepresent your identity or affiliation, or use the Service to facilitate illegal activity; or
• exceed plan limits or use automated activity in a way that creates an unreasonable load.

You are responsible for messages, invoices, campaigns and other communications you send through the Service, including obtaining required consent and providing any legally required unsubscribe option.

8. Third-party services and integrations

Depending on your plan, the Service may connect to third-party services such as payment, email, routing, ticketing, calendar, e-commerce or music platforms. Those services are operated by third parties under their own terms and privacy notices. You decide whether to connect them and authorise us to exchange the data needed for the integration you request.

We are not responsible for a third-party service, its content, availability or changes. We may change, suspend or remove an integration if its provider changes or discontinues it, or if continued operation creates legal, security or technical risks. We will give notice where reasonably practicable.

9. Data, privacy and security

Our Privacy Statement explains how we process personal data when you use the Service. If you enter personal data about band members, contacts, customers or other people, you are responsible for having a valid reason to do so and for informing them where required.

We use reasonable technical and organisational measures designed to protect the Service and the data stored in it. No online service is completely risk-free. You should keep independent copies of information that is critical to your business or performance.

You can export available data using the export functions included in your plan. A downgrade does not by itself delete Your Content, although features and content above the new plan’s limits may become read-only. Before closing an account or workspace, export any content you need. Account closure and deletion requests are handled in accordance with our Privacy Statement, legal retention duties and reasonable backup cycles.

10. Changes, updates, availability and support

gigBuddy is an early-stage service under active development. We may add, change or remove features for reasons such as improving usability, maintaining security, complying with law, preventing misuse, adapting to third-party services or keeping the Service technically viable.

No availability or support SLA

The Service and support are provided on a best-effort basis. We do not promise any uptime percentage, uninterrupted or error-free operation, backup or recovery time, support hours, response time, resolution time, service credit or other service level. Maintenance, bugs, capacity limits, security incidents, internet failures, third-party outages and events outside our reasonable control may cause disruption or data loss. We will use reasonable efforts to maintain and restore the Service, but timing and results are not guaranteed.

Support is provided through the channels and at the support level described for your plan. Messages are handled as capacity allows. Any estimated response or resolution time is a target only and is not binding unless we expressly agree a separate written SLA with you.

These best-effort provisions do not remove any statutory guarantee or remedy that mandatory consumer law gives you.

Updates and changes

We will provide updates, including security updates, that are necessary to keep a consumer digital service in conformity for as long as we supply it. We will inform you when action is required from you and of the consequences of not installing an update. You are responsible for using a supported browser or device and installing notified updates within a reasonable time.

We may update these Terms for legal, security, operational or product reasons. The current version will be published on our website. For a material change affecting an existing subscription, we will provide reasonable advance notice by email or in the Service. If you do not accept a material change, you may cancel before it takes effect. Changes will not retroactively remove accrued rights.

11. Our intellectual property

The Service, including its software, interface, design, databases, documentation, branding and content supplied by us, is owned by or licensed to bosDAT and is protected by intellectual property law. We grant you a limited, personal, non-exclusive, non-transferable and revocable right to use the Service for its intended purpose during your account or subscription term.

No rights are transferred to you except the right to use the Service under these Terms. “gigBuddy”, its logos and related branding may not be used without our prior written permission.

If you send us feedback or suggestions, you allow us to use them without payment or obligation, but you do not have to disclose confidential information or transfer ownership of your own materials.

12. Warranties and liability

Everyone

You remain responsible for decisions made using the Service and for verifying important information, calculations, exports and documents. Nothing in these Terms excludes or limits liability where doing so is prohibited by law, including liability for fraud, wilful misconduct, or death or personal injury caused by negligence.

Consumers

If you are a consumer, you have a statutory guarantee that the digital service will conform to the contract. If it does not, you may be entitled to have the issue resolved, receive a proportionate price reduction, or terminate and receive a refund in the circumstances provided by law. Our liability to consumers is not limited where a limitation would be unfair or unlawful.

Business users

If you use the Service in the course of a trade, business, craft or profession, then, to the fullest extent permitted by law:

• the Service is provided “as is” and “as available”, without contractual guarantees about availability, fitness for a particular purpose, support outcomes or preservation of data;
• we are not liable for indirect or consequential loss, loss of profit, revenue, business, goodwill, anticipated savings or data;
• our total aggregate liability arising from the Service or these Terms is limited to the greater of €500 or the fees paid for the affected Service during the 12 months immediately before the event giving rise to the claim; and
• you will compensate us for third-party claims and reasonable costs caused by your unlawful use of the Service or infringement by Your Content, except to the extent caused by us.

13. Suspension and termination

You may stop using a free account at any time and may cancel a paid subscription as described in section 4. You may also request account closure by contacting support. Cancelling a subscription and deleting an account are separate actions.

We may suspend or restrict access where reasonably necessary to address a security risk, unlawful use, material breach, overdue payment or harm to the Service or others. Except in urgent cases or where prohibited by law, we will give notice and a reasonable opportunity to fix the issue.

We may terminate an account for a serious breach, a breach that is not fixed within the stated reasonable period, persistent misuse, or where we are legally required to do so. We may discontinue the Service for operational reasons by giving paid subscribers reasonable advance notice where practicable and a pro-rata refund for any prepaid period after discontinuation.

On termination, your right to use the Service ends. Terms that by their nature should continue—including provisions about ownership, accrued payments, liability and disputes—remain effective. Where legally required, we will allow you to retrieve user-provided content other than personal data before it is deleted.

14. General terms

Force majeure

Neither party is responsible for delay or failure caused by events beyond its reasonable control, such as major internet or hosting failures, power outages, natural disasters, war, government measures or widespread cyberattacks. This does not affect payment obligations already due or mandatory consumer remedies.

Assignment

You may not transfer your agreement with us without our written consent, except where mandatory law permits it. We may transfer the agreement as part of a sale, restructuring or transfer of the Service, provided this does not reduce a consumer’s rights.

Severability and waiver

If a provision is invalid or unenforceable, the remaining provisions continue to apply. A failure to enforce a right is not a waiver of that right.

Entire agreement

These Terms, the plan and checkout information, and any documents expressly referred to in them form the agreement for the Service. They do not exclude rights or commitments that cannot lawfully be excluded.

Governing law and disputes

Dutch law governs these Terms. If you are a consumer living in another country, you also keep any mandatory protections provided by the law of your country of residence. Courts have jurisdiction as determined by applicable law; consumers are not deprived of any right to bring proceedings in a court available to them under mandatory law.

15. Contact, notices and complaints

Questions, notices and complaints may be sent to support@gig-buddy.nl. Include your account email, the relevant workspace and a clear description. We handle messages on a best-effort basis and do not guarantee a response or resolution time. We may send notices to the email address associated with your account or display them prominently in the Service.