Terms of Service

1. Introduction

Welcome to The Backstage ("we," "our," "us"). These Terms of Service ("Terms") govern your access to and use of The Backstage platform, including our website at thebackstage.app ("Service"). By accessing or using our Service, you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Service.

2. Definitions

• Service: The Backstage platform, including website, email notification system, and related services
• User: Any person who accesses or uses the Service
• Artist: A User who publishes music content and sends email notifications to Fans
• Fan: A User who subscribes to receive email notifications from Artists
• Content: Music tracks, artwork, text, and other materials uploaded to the Service
• Subscriber: A Fan who has opted-in to receive email notifications

3. Account Registration and Access

3.1 Eligibility

You must be at least 13 years old to use the Service. If you are under 18, you must have permission from your parent or legal guardian.

3.2 Account Creation

To access certain features, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account

3.3 Account Restrictions

You may not:

• Share your account with others
• Transfer your account to another person
• Create multiple accounts to circumvent restrictions
• Use another person's account without permission

4. Services Provided

The Backstage provides a platform for:

• Artists to publish music content and connect with fans
• Fans to subscribe to email notifications from their favorite artists
• Email notification delivery when artists publish new content
• Subscription and consent management
• Email analytics (opens, clicks) with subscriber consent

We strive to provide reliable service but do not guarantee uninterrupted or error-free operation.

5. Subscription Plans and Payment

5.1 Subscription Tiers

We offer the following subscription plans:

• Free: Limited features for testing
• Pro: Enhanced features for growing artists
• Business: Advanced features for established artists
• Unlimited: Maximum capacity and features

Current pricing and features are available at /pricing.

5.2 Billing

• Subscriptions are billed monthly or annually in advance
• Payment is processed automatically via our payment processor
• You authorize us to charge your payment method on each billing cycle
• Failed payments may result in service suspension

5.3 Refund Policy

We offer refunds under the following conditions:

• Within 14 days of initial subscription purchase
• Service outages exceeding 24 consecutive hours
• Material breach of these Terms by us

Refunds are issued to the original payment method within 10 business days.

5.4 Price Changes

We may change subscription prices with 30 days' notice. Existing subscribers will be notified via email and may cancel before the new price takes effect.

6. User Obligations

6.1 Acceptable Use

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

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Transmit harmful code (viruses, malware, etc.)
• Harass, threaten, or abuse other users
• Impersonate any person or entity
• Interfere with the Service's operation
• Attempt to gain unauthorized access

6.2 Content Restrictions

You may not upload or transmit Content that:

• Is illegal, defamatory, or obscene
• Infringes copyright, trademark, or other rights
• Contains hate speech or promotes violence
• Is spam or unsolicited commercial content
• Contains personal information of others without consent

7. Email Marketing Compliance

7.1 CAN-SPAM Act Compliance (US)

Artists using our email notification system must comply with the CAN-SPAM Act:

• Obtain valid consent before sending emails
• Use accurate "From" and subject line information
• Include a valid physical postal address
• Provide a clear unsubscribe mechanism
• Honor unsubscribe requests within 10 business days
• Do not send emails to addresses that have unsubscribed

7.2 GDPR Compliance (EU)

Artists must comply with the General Data Protection Regulation (GDPR):

• Obtain explicit opt-in consent (no pre-checked boxes)
• Provide clear information about data collection and use
• Allow easy consent revocation (unsubscribe)
• Process unsubscribe requests immediately
• Maintain records of consent with timestamps
• Report data breaches within 72 hours

7.3 Anti-Spam Policy

We have zero tolerance for spam. You may not:

• Purchase, rent, or scrape email lists
• Send emails without valid consent
• Use misleading subject lines or header information
• Send excessive emails (beyond reasonable frequency)
• Re-subscribe users who have unsubscribed

7.4 Consent Documentation

Our platform automatically logs:

• Timestamp of consent
• IP address
• User agent (browser/device)
• Consent source
• Method of consent

These records are maintained for legal compliance (GDPR Article 7).

7.5 Consequences of Violations

Violation of email marketing laws may result in:

• Immediate account suspension
• Permanent account termination
• Reporting to authorities
• Legal action

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including its code, design, logos, and trademarks, is owned by The Backstage and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, or distribute our intellectual property without permission.

8.2 Your Content

You retain ownership of all Content you upload to the Service. By uploading Content, you grant us a limited license to:

• Store and host your Content
• Display your Content to your Subscribers
• Distribute your Content via email notifications
• Create thumbnails and previews
• Back up your Content for service reliability

This license ends when you delete your Content or terminate your account.

8.3 Content Representations

By uploading Content, you represent and warrant that:

• You own the Content or have the necessary rights
• Your Content does not infringe on third-party rights
• You have obtained all necessary licenses and permissions
• Your Content complies with these Terms

8.4 DMCA Copyright Policy

We respect copyright law and respond to valid DMCA takedown notices. If you believe your copyright has been infringed, contact us at:

DMCA Agent
The Backstage
Email: dmca@thebackstage.app

Include: (1) identification of copyrighted work, (2) identification of infringing material, (3) contact information, (4) good faith statement, (5) accuracy statement, (6) signature.

9. Data and Privacy

Your privacy is important to us. Our collection, use, and protection of your personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key points:

• You own your data (email lists, subscriber information)
• We process data in accordance with GDPR and applicable laws
• We log consent changes for legal compliance
• We implement industry-standard security measures
• You can export or delete your data at any time

10. Limitations of Liability

10.1 Service Availability

We strive to provide 99.9% uptime but do not guarantee uninterrupted service. We are not liable for damages resulting from service interruptions, including missed email sends, lost subscriber data, or business interruptions.

10.2 Email Deliverability

We cannot guarantee that emails sent through our platform will be delivered to recipients' inboxes. Email deliverability depends on factors beyond our control, including recipient email providers, spam filters, and sender reputation. You are solely responsible for maintaining good sending practices.

10.3 Third-Party Services

Our Service may integrate with third-party services (email providers, payment processors). We are not responsible for the availability, accuracy, or content of such third-party services. Your use of third-party services is governed by their respective terms of service.

10.4 User Content

We are not responsible for user-generated Content posted on our platform. Users are solely responsible for ensuring their Content complies with applicable laws, including copyright, trademark, and privacy laws. We reserve the right to remove Content that violates these Terms without notice.

10.5 Data Loss

While we implement industry-standard security measures and regular backups, we cannot guarantee against data loss. You are responsible for maintaining your own backups of critical data.

10.6 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Unauthorized access, use, or alteration of your content
• Any other matter relating to the Service

10.7 Liability Cap

Our total liability to you for any claims arising from or related to this Agreement or the Service shall not exceed the greater of (a) $100 or (b) the amount you paid us in the 12 months preceding the claim.

11. Warranties and Disclaimers

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
• The Service will be uninterrupted, timely, secure, or error-free
• Results obtained from using the Service will be accurate or reliable
• Any errors in the Service will be corrected

12. Indemnification

You agree to indemnify, defend, and hold harmless The Backstage, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any law or third-party rights
• Your email marketing activities conducted through our platform
• Your Content

13. Termination

13.1 Your Termination Rights

You may terminate your account at any time by:

• Using the account deletion feature in settings
• Contacting us at support@thebackstage.app

Upon termination, your subscription will be canceled (no refunds for partial months unless required by law).

13.2 Our Termination Rights

We may suspend or terminate your account immediately if:

• You violate these Terms
• You engage in spam or email marketing violations
• Payment fails and remains unpaid
• We are required to do so by law
• Continuing service would cause us legal liability or disrupt the Service

13.3 Effect of Termination

Upon termination:

• Your access to the Service ends immediately
• Your Content may be deleted (we retain anonymized audit logs for legal compliance)
• Subscriber data is anonymized per GDPR requirements
• Outstanding payments remain due

13.4 Survival

The following sections survive termination: Intellectual Property, Limitations of Liability, Warranties and Disclaimers, Indemnification, Dispute Resolution, and General Provisions.

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by the laws of Spain, without regard to conflict of law principles.

14.2 Informal Resolution

Before filing a legal claim, you agree to contact us at legal@thebackstage.app and attempt to resolve the dispute informally.

14.3 Jurisdiction

Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Spain.

15. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify you via email (to the address on your account)
• Provide at least 30 days' notice before changes take effect

Your continued use of the Service after changes take effect constitutes acceptance of the new Terms. If you do not agree to the changes, you must stop using the Service and may cancel your account.

16. General Provisions

16.1 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

16.2 Entire Agreement

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

16.3 Force Majeure

We are not liable for delays or failures in performance resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16.4 Assignment

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

16.5 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.

17. Contact Information

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

The Backstage
Email: legal@thebackstage.app
Support: support@thebackstage.app
Website: thebackstage.app