OnStage

Terms Of Use

OnStage Terms and Conditions

Last Modified: November 05, 2024

1. Introduction

Thank you for choosing OnStage. Please read these Terms and Conditions ("Agreement") carefully, as they contain important information about your legal rights and obligations. By accessing or using the OnStage mobile application ("App") and services ("Service"), you agree to be bound by this Agreement and our Privacy Policy. If you do not agree to all the terms, you may not access or use our Service.

2. Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand their meanings:

  • "App" refers to our mobile application, OnStage, through which all or some of our Service may be made accessible to you.
  • "Service" refers to the services we provide through our App, including event scheduling, team coordination, song library management, musical arrangements, resource sharing, and the App itself.
  • "Site" refers to our website www.getonstage.app and any affiliated subdomains.
  • "OnStage", "we", "us", or "our" refers to OnStage Inc., located at Petru Maior 61H2, Oradea, Bihor, Romania; our App; our Site; or a combination of all or some of the preceding definitions, depending on the context.
  • "User" refers to anyone who uses our Service, including those who use our App and visitors to our Site.
  • "You" refers to you, the person who is entering into this Agreement with OnStage.

3. How OnStage Works

OnStage is a mobile application designed to assist churches, congregations, and Christian bands in managing their music ministry. Our features include:

  • Event scheduling and management
  • Team coordination and communication
  • Song library management
  • Musical arrangements
  • Resource sharing

OnStage is currently available on iOS and Android platforms.

4. Eligibility

To use our Service, you must meet the following conditions:

  • You must be at least 13 years old to use this Service.
  • If you are under the age of 18, you must have parental consent to use the App.
  • You must provide accurate, current, and complete information during registration and maintain the security of your account.
  • You must comply with all applicable laws and regulations.
  • You must not be in violation of any embargoes, export controls, or other laws of Romania, the European Union, or other countries or supranational bodies having jurisdiction over this Agreement, OnStage, and yourself.

5. Account Terms

  • Account Responsibility: You are responsible for maintaining the confidentiality of your account login credentials and are fully responsible for all activities that occur under your account.
  • Accurate Information: You must provide accurate, complete information when creating an account and promptly update any information as necessary.
  • Notification of Breach: You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your account.
  • Liability: OnStage cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

6. Acceptable Use

You agree not to engage in any of the following prohibited activities:

  • Illegal Activities: Violating any applicable laws or regulations.
  • Intellectual Property Infringement: Infringing upon or violating our intellectual property rights or the intellectual property rights of others.
  • Inappropriate Content: Posting or transmitting content that is unlawful, defamatory, libelous, harassing, abusive, fraudulent, obscene, or otherwise objectionable.
  • Unauthorized Access: Attempting to gain unauthorized access to the Service, other user accounts, or computer systems or networks connected to the Service.
  • Malware Distribution: Uploading or transmitting viruses, malware, or any other harmful code.
  • Service Disruption: Interfering with or disrupting the integrity or performance of the Service.
  • Data Mining: Using any automated means to access the Service for any purpose without our express written permission.

7. Content and Intellectual Property

Your Content

  • Ownership: You retain ownership of any content you submit, post, or display on or through the Service ("User Content").
  • License to OnStage: By submitting User Content, you grant OnStage a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service.
  • Warranties: You represent and warrant that you have all rights necessary to grant us the license above and that your User Content does not violate any third-party rights.

Our Content

  • Ownership: The Service and its entire contents, features, and functionality are owned by OnStage or its licensors and are protected by copyright, trademark, and other intellectual property laws.
  • Restrictions: You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material except as permitted under this Agreement.
  • Trademarks: "OnStage" and all related names, logos, product and service names, designs, and slogans are trademarks of OnStage or its affiliates. You must not use such marks without prior written permission.

DMCA Takedown Policy

OnStage respects intellectual property rights. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please submit a DMCA takedown notice to our designated agent at antoniovinter@getonstage.app. We will review your notice and take appropriate action in accordance with the Digital Millennium Copyright Act.

8. Subscription Terms

Payments

  • Fees: Certain features of the Service may require payment of fees. You shall pay all applicable fees, as described on the App in connection with such features.
  • Payment Processing: Payments are processed through Apple Pay or Google Pay, depending on your device.
  • Taxes: All fees are exclusive of all taxes or duties imposed by governing authorities. You are responsible for payment of all such taxes or duties.

Automatic Renewal

  • Renewal Terms: Subscriptions automatically renew at the end of each term unless you cancel your subscription before the end of the current subscription period.
  • Cancellation: You may cancel automatic renewal at any time through the subscription management options provided by the Apple App Store or Google Play Store.
  • Responsibility: You are solely responsible for properly canceling your subscription. An email or phone request to cancel your subscription is not considered cancellation.

Changes and Refunds

  • Price Changes: We reserve the right to change subscription fees at any time upon reasonable notice.
  • Refund Policy: Refunds are handled according to Apple’s and Google’s policies. Please refer to their terms and conditions for more information.
  • No Refunds: There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

9. Termination

By You

  • Termination: You may terminate your account at any time by discontinuing use of the Service.
  • Data Deletion: Upon termination, you may lose access to any data associated with your account.

By Us

  • Suspension or Termination: We reserve the right to suspend or terminate your access to the Service at any time for any reason, including but not limited to violation of this Agreement or failure to pay subscription fees.
  • Notification: We will strive to provide notice before suspension or termination when reasonable.

Subscription Cancellation

Subscriptions automatically renew at the end of each term. To cancel, please follow these steps depending on your device:

  • For iOS Users: Cancel your subscription via the Apple App Store by navigating to your Account Settings.
  • For Android Users: Cancel your subscription through the Google Play Store subscription management.

Please note that deleting the OnStage app or your account does not cancel your subscription. Detailed cancellation instructions can be found on our [Help Page/Support Section].

Effect of Termination

  • Cessation of Rights: Upon termination, all licenses and rights granted to you in this Agreement will immediately cease.
  • Liability: We are not liable for any damages or loss resulting from the termination of your access to the Service.
  • Outstanding Fees: All fees due at the time of termination remain payable.

10. Service Availability

  • No Guarantee: We strive to keep the Service available on a continuous basis, but we cannot guarantee that the Service will always be available or uninterrupted.
  • Modification: We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice.
  • Liability: We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

11. Data Backup and Security

  • Your Responsibility: You are responsible for maintaining backups of your User Content.
  • Our Measures: While we take reasonable measures to protect and backup data stored on our servers, we cannot guarantee that there will be no loss or corruption of data.
  • No Liability: We are not liable for any loss or damage to your data.

12. Privacy Policy

  • Incorporation: Your use of the Service is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
  • Review: Please review our Privacy Policy to understand our practices regarding the collection and use of your personal information.
  • By using OnStage, you agree to receive electronic communications from us. These communications include notices about your account and our ongoing business operations. Your electronic signature or consent has the same legal effect as a manual signature.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ONSTAGE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Merchantability: The implied warranties of merchantability.
  • Fitness for Particular Purpose: Fitness for a particular purpose.
  • Non-Infringement: Non-infringement of intellectual property rights.
  • Accuracy and Reliability: Any warranty that the Service will be uninterrupted, timely, secure, or error-free.
  • Results: Any warranty regarding the accuracy or reliability of any information obtained through the Service.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ONSTAGE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR:

  • Indirect Damages: Any indirect, incidental, special, consequential, or punitive damages.
  • Losses: Any loss of profits, data, use, goodwill, or other intangible losses.
  • Aggregate Liability: Any damages exceeding the amount you have paid OnStage in the last twelve (12) months.

15. Indemnification

You agree to indemnify, defend, and hold harmless OnStage and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with:

  • Use of Service: Your access to or use of the Service.
  • Violation of Terms: Your violation of this Agreement.
  • Third-Party Rights: Your violation of any third-party rights, including intellectual property or privacy rights.
  • User Content: Any claim that your User Content caused damage to a third party.

16. Changes to this Agreement

  • Amendments: We may revise this Agreement from time to time.
  • Notice of Changes: If we make material changes, we will provide you with reasonable notice prior to the changes taking effect, such as by posting a notice on our Service or sending you an email.
  • Acceptance of Changes: By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Agreement.
  • Disagreement with Changes: If you do not agree to the new terms, you must stop using the Service.

17. Governing Law and Dispute Resolution

  • Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Romania, without regard to its conflict of law provisions.
  • Dispute Resolution and Arbitration - Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved exclusively by binding arbitration administered in Bucharest, Romania, under the applicable rules. The arbitration proceedings will be conducted in the Romanian language. By agreeing to these Terms, you waive your right to a jury trial and to participate in any class action.
  • Opt-Out Option: If you do not wish to be bound by these arbitration, class action, and jury trial waiver provisions, you may opt out by sending a written notice of your decision to opt out to: Email: antoniovinter@getonstage.app within 30 days of your first use of the Service. If you opt out, any disputes will be resolved in the courts of Oradea, Romania.
  • Waiver of Jury Trial: You waive any right to a jury trial in any proceeding arising out of or related to this Agreement.

18. Miscellaneous

Severability

  • Invalid Provisions: If any provision of this Agreement is held invalid or unenforceable, such provision shall be struck, and the remaining provisions shall remain in full force and effect.

Entire Agreement

  • Integration Clause: This Agreement, along with the Privacy Policy, constitutes the entire agreement between you and OnStage regarding the Service and supersedes any prior agreements.

No Waiver

  • Rights and Remedies: Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights.

Assignment

  • Transfer of Rights: You may not assign or transfer your rights or obligations under this Agreement without our prior written consent.
  • Our Rights: We may assign our rights and obligations under this Agreement without restriction.

Force Majeure

  • Uncontrollable Events: We shall not be liable for any failure to perform due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

19. California Consumer Notice

For California users, OnStage provides additional rights under applicable state law. If you have any questions about our pricing, complaints, or other inquiries, please contact our designated agent as follows:

Antonio Vinter, phone: +40755688794

Additionally, California consumers are entitled to the specific consumer rights notice provided under California Civil Code Section 1789.3.

20. Contact Information

If you have any questions about this Agreement, please contact us at:

Email: antoniovinter@getonstage.app