Terms of service

These terms form an agreement between you and Peak Simplicity Limited, a company registered in England and Wales (company number [Company number]), registered office [Registered office address] (“BandQuill”, “we”, “us”). BandQuill is a trading name of Peak Simplicity Limited.

By creating an account or using BandQuill you agree to these terms and our privacy policy. If you use BandQuill on behalf of a band, business or other organisation, you confirm you have authority to bind it.

• You must be at least 13 years old, and give accurate information when you sign up.
• Keep your password secure. You’re responsible for activity on your account.
• Each person should have their own login. Don’t share accounts.
• Tell us promptly at [support@bandquill.com] if you think your account has been compromised.

The person who creates a band is its owner. The owner controls who is invited, what each role can access, the band’s subscription and whether the band is deleted. Ownership can be transferred to another member.

Members, deps, crew and guests use BandQuill free of charge as invited users of a band. Their access may be changed or removed by the band’s owner or admins at any time.

Paid plans are billed per band, monthly or yearly in advance, through our payment provider Stripe. Current prices are shown on our pricing page. [State whether prices include VAT.]

• Subscriptions renew automatically until cancelled.
• You can cancel at any time from the band’s billing page. Paid features continue until the end of the current billing period; we don’t provide refunds for partial periods except where required by law. [Confirm refund policy.]
• If a payment fails, we may downgrade the band to the Free plan after [14] days’ notice.
• We may change prices with at least [30] days’ notice; changes apply from your next renewal.
• On downgrade, your data is kept. Features above your plan may become read-only or hidden.

If you are a consumer, you have a statutory right to cancel within 14 days of first subscribing. By starting to use paid features immediately you acknowledge that [a proportionate amount may be charged / the right to cancel may be lost once the service has been fully performed]. [Solicitor to confirm under the Consumer Contracts Regulations 2013.]

You and your band keep all rights in what you upload — songs, lyrics, charts, recordings, photos, files and data (“Content”). You grant us a limited licence to host, copy, process and display Content only as needed to provide BandQuill to you and the people you share it with.

You’re responsible for having the rights to the Content you upload and for the accuracy of financial records and PRS information you prepare using BandQuill. Content you choose to publish (for example an EPK page or public gig list) may be viewed by anyone.

You must not use BandQuill to:

• break the law, infringe anyone’s rights, or upload content you don’t have permission to share;
• harass, abuse or send spam to other people;
• upload malware, or try to access accounts, bands or systems you’re not authorised to;
• scrape, reverse-engineer, overload or interfere with the service;
• resell BandQuill without our written agreement.

We may suspend or remove access, or remove content, if we reasonably believe these terms have been broken.

We work hard to keep BandQuill available and reliable, but we can’t promise it will be uninterrupted or error-free. We may change, add or remove features; if we remove a significant paid feature we’ll give reasonable notice.

BandQuill is a tool to help you organise. It isn’t a substitute for professional legal, tax or financial advice, and you remain responsible for your contracts, tax returns and obligations to the people you work with.

Nothing in these terms limits liability for death or personal injury caused by negligence, fraud, or anything else that cannot be limited by law, nor affects your statutory rights as a consumer.

For business users, we are not liable for loss of profits, revenue, bookings, data or goodwill, or for indirect or consequential loss, and our total liability in any 12-month period is limited to the amount the band paid us in that period [or £100 if greater]. [Solicitor to review caps for consumer and business users.]

Please keep your own copies of important files. You can export band data at any time.

You can close your account at any time from your account settings. Owners must transfer or delete their bands first. We may close accounts that have been inactive for over [24] months after giving notice, or immediately for serious breaches of these terms. When an account is closed we’ll delete or anonymise personal data in line with our privacy policy.

These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. If you’re a consumer living in Scotland or Northern Ireland, you may also bring proceedings in your local courts.

We may update these terms from time to time; we’ll give notice of material changes by email or in the app. Questions? Email [legal@bandquill.com] or contact us.