Bandkit

Draft. Highlighted parts are still being filled in. Questions in the meantime: see the imprint.

Terms of Service

Version VERSION · Last updated DATE

DRAFT. Not legal advice. German standard-terms law (§§ 305–310 BGB) is strict, and clauses written for other countries often fail in Germany. Needs review by a lawyer before publication.

1. Who we are and what these terms cover

1.1 These terms apply to your use of Bandkit:

  • the app at mybandkit.com, including public band pages, shared links and the city directory, and
  • related services we provide.

Bandkit is provided by Jonathan Manierre, trading as Bandkit, Im Weichserhof 9, 50678 Köln ("we", "us"). Contact details are in our Imprint.

1.2 "You" means the person creating or using an account. If you use Bandkit for a band, a business or another organisation, you confirm that you are allowed to accept these terms for it.

1.3 We do not accept your own terms and conditions, even if we don't object to them.

1.4 How we handle personal data is explained in our Privacy Policy. Where your band stores personal data of other people in Bandkit, our Data Processing Agreement applies and forms part of these terms.

2. Beta, and the free service

2.1 Bandkit is in beta. Features may change, be added or be removed, and errors can happen.

2.2 During the beta, Bandkit is free of charge. We will never charge you without your separate, explicit order. If we introduce paid plans, you decide whether to buy one, and the order process will show the price and terms before you commit.

2.3 We may end the beta or discontinue the service. If we do, we will give you at least 30 days' notice by email, and you can export your data during that time. (See also 10.3 on discontinuing the free service.)

3. Your account

3.1 You must be at least 16 years old. If you are under 18, you need permission from a parent or legal guardian.

3.2 Provide accurate information and keep your sign-in details secret. Tell us immediately if you think someone else is using your account.

3.3 One account per person. Accounts are personal and may not be shared or transferred.

4. Bands, roles and invitations

4.1 A band workspace has an owner, and may have managers and members. Their rights in the app are:

  • Owner: everything, including inviting and removing people, changing roles and deleting the band.
  • Manager: runs the band's day-to-day work, but cannot change band ownership or delete the band.
  • Member: collaborates on the band's content within the limits the app sets.

4.2 The owner decides who gets access. Anyone holding an invite link can join with the role it grants until it expires or is turned off. Share invite links only with people you trust.

4.3 Content created in a band workspace belongs to the band's workspace. If you leave a band or are removed, the content you added stays with the band. Content you added to the band's public page also stays published until the band removes it.

4.4 The owner is responsible for the band's use of Bandkit. If the owner deletes the band, all of its content is deleted for everyone in it.

5. Your content

5.1 "Your content" is everything you or your band put into Bandkit: text, photos, logos, videos, stage plots, riders, contacts, notes and so on. You keep all rights in your content.

5.2 You give us a non-exclusive, worldwide, royalty-free licence to store, copy, process, adapt (for example resize or crop images, or render PDFs) and display your content, only as needed to provide Bandkit to you and your band. This includes:

  • showing content on your band's public page,
  • showing it in the city directory (subject to the band's directory setting), and
  • showing it to anyone the band shares a link with.

The licence ends when the content is deleted, apart from backups, which expire as described in our Privacy Policy.

5.3 You confirm that you have the rights needed for your content. In particular:

  • Third-party rights: you have permission from photographers, artists and the people shown in photos.
  • Personal data: where your content includes personal data of other people (for example bandmates, booking contacts or promoters), your band has a legal basis under data protection law to store and use it, and to publish whatever it puts on its public page.

5.4 Keep your own copies of anything important. We make backups, but they are for restoring the service, not a personal archive. You can export your data at any time. REQUIRES compliance-gaps P1-1

6. Public pages and sharing

6.1 Your band page, shared riders and shared stage plots are public to anyone with the address. Only publish what you are happy for anyone to see. Turning sharing off stops access through the link. It does not remove copies others have already made.

6.2 Published band pages may be listed in the city directory. Bands are listed by default; an owner or manager can switch the listing off at any time in Band Identity.

7. Rules for using Bandkit

7.1 Do not use Bandkit to:

  • publish or store illegal content, including content that infringes copyright, trademarks or personality rights, defames people, or incites hatred or violence,
  • process personal data unlawfully, or send unsolicited marketing,
  • harass, threaten or impersonate anyone,
  • upload malware, probe or overload our systems, get around access controls or rate limits, or access other bands' data,
  • scrape the service or use it to build a competing product, or
  • resell or sublicense the service without our written consent.

7.2 Using AI features: you are responsible for what you ask for and for checking the results before you use them. AI output can be wrong, for example a stage plot that doesn't fit a venue. Do not submit content that you are not allowed to share with our AI provider (see the Privacy Policy).

8. Reporting illegal content, and how we moderate

8.1 Anyone can report content on Bandkit they believe is illegal, using the "Report" link on public pages or by email to abuse@mybandkit.com. A report should explain:

  • why the content is illegal,
  • exactly where it is (the link),
  • the reporter's name and email (unless the report concerns certain child sexual abuse offences), and
  • a statement that the report is made in good faith.

8.2 We review reports promptly, diligently and objectively. If we remove or restrict content, or suspend an account, we tell the person affected:

  • what we did,
  • why, including the legal ground or the rule in these terms, and
  • how they can challenge it.

We may use automated tools to help detect problems, but decisions to remove content or suspend accounts are made by a person. VERIFY: true today; revisit if automation is added

8.3 You can challenge a decision by replying to our notice or emailing abuse@mybandkit.com. A person who was not involved in the original decision will review it. You may also use out-of-court dispute settlement under Art. 21 DSA, or go to court.

8.4 Our single point of contact for authorities, the European Commission and users under the Digital Services Act (Art. 11, 12 DSA) is dsa@mybandkit.com. We communicate in German and English.

9. Availability and changes to the service

9.1 We work to keep Bandkit available, but we do not guarantee uninterrupted availability, especially during the beta. Maintenance, security updates and outages at our providers can interrupt the service. We will try to announce planned maintenance in advance.

9.2 We may change Bandkit to improve it, keep it secure, or adapt to legal or technical requirements. If a change significantly limits a feature you rely on, we will tell you in advance.

10. Ending the contract

10.1 You can stop using Bandkit and have your account deleted at any time. Email privacy@mybandkit.com and we delete it within 30 days. If you own a band, tell us whether to hand it to another member or delete it along with your account.

10.2 We may suspend or end your access with immediate effect for good cause, in particular serious or repeated breaches of section 7. Where reasonable, we will warn you first and give you a chance to fix the problem. We will tell you why (see 8.2).

10.3 We may end the free service with 30 days' notice by email. During the notice period you can export your data.

10.4 After the contract ends, your content is deleted as described in the Privacy Policy, except where we must keep it by law.

11. Liability

11.1 We are liable without limitation:

  • for damage caused intentionally or through gross negligence,
  • for injury to life, body or health,
  • under the German Product Liability Act, and
  • where we have given a guarantee.

11.2 For slight negligence, we are liable only if we breach an obligation that is essential for performing the contract, and on whose fulfilment you may normally rely (Kardinalpflicht). In that case, our liability is limited to the damage typically foreseeable when the contract was made.

11.3 For the free service: lawyer to decide whether to apply the stricter standard of §§ 521, 599 BGB (liability for intent and gross negligence only), which is commonly used for free services.

11.4 Otherwise, our liability is excluded. These limits also apply to our employees, agents and contractors.

12. Changes to these terms

12.1 We may change these terms for valid reasons, for example new features, changes in the law or court decisions, or security needs. We will send you the changes by email at least 6 weeks before they take effect.

12.2 Changes that affect the main obligations of either side, or that are to your disadvantage, take effect only if you actively accept them. If you don't accept, we may end the contract under 10.3, and you can export your data. Your silence does not count as acceptance.

13. Final provisions

13.1 These terms are governed by German law. The UN Convention on Contracts for the International Sale of Goods does not apply. If you are a consumer, this choice of law does not take away protection from the mandatory consumer law of the country where you live.

13.2 If you are a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Köln.

13.3 Consumer dispute resolution: we are not obliged and not willing to take part in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

13.4 If any provision is invalid, the rest of these terms remain in effect. The invalid provision is replaced by the statutory rules (§ 306 BGB).

When paid plans start, add: price and payment terms; the consumer right of withdrawal with its instructions and the model withdrawal form; consent to start before the withdrawal period ends; the "cancel contract" button (§ 312k BGB); and order-button wording (§ 312j BGB). See compliance-gaps.md, section P2.