Welcome to DOWNBEAT. These Terms of Service ("Terms") form a legally binding agreement between you ("you", "User") and DOWNBEAT ("DOWNBEAT", "we", "us", "our"), governing your access to and use of the DOWNBEAT platform, websites, mobile applications, and all related services (collectively, the "Service").
By creating an account, checking the "I agree" box at signup, or otherwise using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Service.
You must be at least 13 years old to create an account. If you are under 18, you represent that you have your parent or legal guardian's permission to use the Service and that they agree to these Terms on your behalf. Programs (such as schools, booster programs, or music directors) that use the Service for minors are responsible for obtaining any consents required by applicable law.
You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You agree to provide accurate information at signup and to keep it current. We may suspend or terminate accounts that violate these Terms, at our sole discretion, with or without notice.
DOWNBEAT is a software platform that helps music programs (including but not limited to marching bands, concert bands, and related ensembles) organize members, communicate, schedule events, track attendance, and collect payments. Features may change, be added, or be removed at any time without notice.
The Service supports payment collection through third-party processors, including but not limited to Stripe, Inc. ("Payment Processor"). When you pay for goods, dues, fees, or other items through the Service:
You retain ownership of content you submit through the Service (announcements, profile info, event details, comments, payment notes, etc. — "User Content"). By submitting User Content, you grant DOWNBEAT a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for technical reasons such as format conversion), display, and transmit that content solely for the purpose of operating and improving the Service.
You represent that you have the right to submit the User Content you submit, and that your User Content does not infringe any third party's rights or violate any law. You are solely responsible for your User Content.
The Service allows parents or guardians to link their account to another user's account (such as a minor child), subject to approval by an program administrator. Once linked, the parent or guardian may access information about the linked user and take certain actions on their behalf (such as making payments). You acknowledge that any such linkage is at the discretion of the program administrator and that the linked users consent to this access as a condition of participating in their program's use of the Service. DOWNBEAT is not responsible for interpersonal disputes arising from linkage.
You agree not to:
Programs are responsible for their members' conduct. DOWNBEAT reserves the right to remove content and suspend accounts that violate this section.
We do not guarantee the accuracy of information submitted by other users, the availability of any specific feature, or the retention of any data. Back up information you consider important through your own means.
Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you. In such jurisdictions, our liability is limited to the fullest extent permitted by law.
You agree to defend, indemnify, and hold harmless the DOWNBEAT Parties from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use or misuse of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any law or the rights of any third party; or (e) any dispute between you and another user, program, or payer/payee in connection with the Service.
If you use the Service as an administrator of an program (director, owner, band staff, etc.), you additionally represent and warrant that you have the legal authority to bind the program to these Terms, that you will comply with all laws applicable to your handling of members' and minors' information, and that you will obtain and maintain any consents required from members, parents, or guardians for the program's use of the Service. You indemnify the DOWNBEAT Parties against any claim arising from your administrative actions.
Your use of the Service is also governed by our privacy practices. We collect and process information necessary to operate the Service, including account details, program memberships, attendance records, and payment metadata. We do not sell personal information. We use commercially reasonable safeguards to protect your data but cannot guarantee absolute security. By using the Service, you consent to our collection and use of information as described here and in any future published privacy notice.
You may stop using the Service at any time. We may suspend or terminate your account or access to the Service at any time, with or without cause, and with or without notice. Upon termination, your right to use the Service ceases immediately. Sections that by their nature should survive termination (including Sections 3, 7, 8, 9, and 13) shall survive.
These Terms are governed by the laws of the State of Connecticut, USA, without regard to its conflict-of-laws principles. You and DOWNBEAT agree that any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Connecticut, and you consent to personal jurisdiction there. You waive any objection based on inconvenient forum.
To the fullest extent permitted by law, any claim arising out of or related to these Terms or the Service must be brought within one (1) year after the cause of action arose, or be forever barred.
CLASS ACTION WAIVER. To the fullest extent permitted by law, you agree that any dispute will be resolved on an individual basis only, and you waive any right to participate in a class action, collective action, or representative proceeding.
We may modify these Terms at any time. If we make material changes, we will provide notice through the Service (such as a platform-wide broadcast) or by updating the "Effective" date above. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of them. If you do not agree to the revised Terms, you must stop using the Service.
These Terms, together with any policies referenced herein, are the entire agreement between you and DOWNBEAT regarding the Service and supersede any prior agreements. If any provision is held unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be replaced with an enforceable provision that most closely matches the original intent. Our failure to enforce any right or provision is not a waiver of that right or provision. You may not assign these Terms without our written consent; we may assign them freely. No agency, partnership, joint venture, or employment relationship is created by these Terms.
For questions about these Terms, contact: nick@downbeatforband.com