Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and StageSub AB (organization number 559541-2569), a Swedish company located at Ymsenvägen 8, 120 38 Årsta, Sweden ("StageSub", "we", "us", or "our").

By creating an account, accessing, or using the StageSub platform (the "Service"), you agree to be bound by these Terms. If you are entering into these Terms on behalf of an organization (such as an orchestra), you represent that you have the authority to bind that organization to these Terms.

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

2. Service Provider Information

Company Name: StageSub AB
Organization Number: 559541-2569
Registered Address: Ymsenvägen 8, 120 38 Årsta, Sweden
Contact Email: admin@stagesub.com

3. Description of Service

StageSub is a cloud-based software platform (Software-as-a-Service) designed for symphony orchestras to manage musician substitutes, availability tracking, and project staffing. The Service includes but is not limited to:

3.1 Core Features

• Musician Database Management: Create, import, and organize musician profiles with contact information, instruments, qualifications, and rankings
• Project Management: Create and manage projects, concerts, and events with specific staffing needs
• Automated Request Workflows: Send substitute requests via email and SMS with customizable ranking strategies (priority-based or first-come-first-served)
• Real-time Response Tracking: Monitor when musicians open requests, accept, decline, or fail to respond
• Availability Management: Track musician availability and prevent double-booking conflicts
• Activity Logging: Complete audit trail of all actions, communications, and data changes
• Data Export: Export musician data, rankings, and project information to Excel format
• Multi-user Access: Role-based permissions for administrators, managers, and viewers

3.2 Service Availability

The Service is provided as a hosted web application accessible via modern web browsers. We strive to maintain 99.9% uptime but do not guarantee uninterrupted or error-free service. We may perform maintenance, updates, or modifications with or without advance notice.

4. User Accounts & Access

4.1 Account Registration

• Orchestra accounts are created by StageSub administrators
• User accounts within an orchestra are created by orchestra administrators or StageSub superadmins
• You must provide accurate, current, and complete account information
• You must be at least 18 years of age to use the Service
• Each user account is personal and may not be shared between multiple individuals

4.2 Account Security

• You are responsible for maintaining the confidentiality of your login credentials
• You are responsible for all activities that occur under your account, whether authorized or not
• You must immediately notify us at admin@stagesub.com of any unauthorized access or security breach
• Do not share your password with others or use weak passwords
• We recommend using strong, unique passwords and enabling any available security features

4.3 User Roles & Permissions

The Service implements role-based access control with the following roles:

• Superadmin (StageSub Personnel): Full system access across all orchestras, billing management, system configuration, and support functions
• Orchestra Admin: Full management rights within their orchestra including user management, configuration, billing, and all operational features
• Manager: Operational access to manage musicians, create projects, send requests, and view activity logs within their orchestra
• Viewer: Read-only access to orchestra data without ability to create, edit, or delete records

4.4 Account Suspension

We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or if required by law. We will provide notice when reasonably possible except in cases of severe violations or legal requirements.

5. Subscription Plans & Pricing

5.1 Available Plans

StageSub offers the following subscription tiers:

• Standard: Core features for small to medium orchestras (email notifications only, no SMS)
• Pro: Advanced features including SMS notifications and unlimited musicians
• Enterprise: Full platform access with priority support, custom branding, and custom integrations
• Custom: Tailored solutions with custom fields and specific organizational needs

Detailed feature comparison and current pricing is available at www.stagesub.com or by contacting admin@stagesub.com.

5.2 Billing & Payment

• Subscriptions are billed monthly or annually in advance
• Payment is due at the start of each billing period
• Pricing is presented in the relevant currency for your orchestra
• Prices are exclusive of VAT, which will be added where applicable
• Failed payments may result in service suspension after notice

5.3 Price Changes

We may modify subscription prices with 30 days advance notice. Price changes will apply at your next renewal date. If you do not agree to a price increase, you may cancel your subscription before the new price takes effect.

5.4 Refunds & Cancellation

• Subscription fees are generally non-refundable except as required by Swedish consumer protection law
• You may cancel your subscription at any time, effective at the end of the current billing period
• No refunds or credits are provided for partial billing periods except as required by law
• Plan downgrades take effect at the next billing cycle; no prorated refunds are provided
• Refund requests due to service issues or errors will be evaluated on a case-by-case basis

6. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms.

6.1 Prohibited Activities

You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Infringe on intellectual property rights, including copyrights, trademarks, or patents
• Upload, transmit, or distribute viruses, malware, or any malicious code that could harm the Service or other users
• Attempt to gain unauthorized access to the Service, other user accounts, or computer systems (hacking, penetration testing without permission)
• Use the Service to send spam, unsolicited bulk emails, or harassing communications
• Interfere with or disrupt the Service, servers, or networks
• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service
• Scrape, harvest, or collect data from the Service using automated means without express permission
• Impersonate others or provide false, misleading, or fraudulent information
• Use the Service to violate the privacy of others or collect personal data without consent
• Create multiple accounts to abuse trial periods or promotional offers
• Resell, sublicense, or redistribute the Service without our written permission

6.2 Data Usage Responsibilities

If you are an orchestra using StageSub to manage musician data:

• You are responsible for obtaining necessary consents from musicians to collect and process their personal data
• You must comply with GDPR and Swedish data protection laws in your use of the Service
• You are the data controller for musician data; StageSub acts as your data processor
• You must ensure the accuracy of the data you input and maintain in the system
• You are responsible for how you use automated features (e.g., ensuring email/SMS requests are appropriate and consensual)

6.3 Enforcement

We reserve the right to investigate suspected violations of these Terms. We may suspend or terminate access to the Service, remove content, or report violations to law enforcement authorities as appropriate.

7. Data Ownership & License

7.1 Your Data Ownership

You retain all rights, title, and interest in your data ("Customer Data"), including musician profiles, project information, and other content you upload or create in the Service. We do not claim ownership of your Customer Data.

7.2 License to StageSub

You grant StageSub a limited, non-exclusive, worldwide license to use, store, process, and transmit your Customer Data solely for the purpose of providing the Service to you. This includes:

• Storing your data in our databases
• Processing data to provide features like search, ranking, and reporting
• Transmitting emails and SMS on your behalf to musicians
• Creating backups for disaster recovery
• Aggregating anonymized data for service improvement (without identifying your orchestra or musicians)

7.3 Data Export & Portability

• You can export your Customer Data at any time via the platform's export features (Excel, CSV)
• We will assist with data export upon account closure within 30 days of your request
• After account closure, your data will be deleted according to our retention policy (see Privacy Policy)

7.4 Backup & Recovery

While we maintain regular backups for disaster recovery, you are responsible for maintaining your own backups of critical data. We are not liable for data loss except as required by Swedish law.

8. Service Availability & Warranties

8.1 Service Level Target

We strive to maintain 99.9% uptime for the Service. However, we do not guarantee uninterrupted, error-free, or secure service. The Service may be subject to:

• Scheduled maintenance (we will notify you when reasonably possible)
• Emergency maintenance or security updates (may occur without notice)
• Third-party infrastructure failures beyond our control
• Network or connectivity issues

8.2 "As Is" Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the maximum extent permitted by Swedish law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability or fitness for a particular purpose
• Warranties of non-infringement
• Warranties that the Service will meet your specific requirements
• Warranties that the Service will be uninterrupted, timely, secure, or error-free
• Warranties regarding the accuracy or reliability of any information obtained

8.3 Third-Party Services

The Service relies on third-party infrastructure (Supabase, Vercel, SendGrid, 46elks, Twilio). We are not responsible for failures, outages, or issues caused by these third-party services.

9. Limitation of Liability

To the maximum extent permitted by Swedish law:

9.1 No Liability for Indirect Damages

StageSub shall NOT be liable for:

• Indirect, incidental, special, consequential, or punitive damages of any kind
• Loss of profits, revenue, data, goodwill, or business opportunities
• Damages resulting from your inability to use the Service (e.g., missed musician bookings due to downtime)
• Damages caused by errors, mistakes, or inaccuracies in the Service or your data
• Damages resulting from unauthorized access to your account or data
• Damages resulting from third-party conduct or content

9.2 Liability Cap

Our total aggregate liability for all claims arising out of or related to these Terms or the Service, whether in contract, tort, or otherwise, shall not exceed the total amount paid by you to StageSub in the 12 months immediately preceding the event giving rise to the claim.

For free accounts or trial periods, our maximum liability is limited to 1,000 SEK.

9.3 Exceptions to Limitations

Nothing in these Terms excludes or limits our liability for:

• Death or personal injury caused by our negligence (Swedish Product Liability Act)
• Fraud or fraudulent misrepresentation
• Gross negligence or willful misconduct
• Any liability that cannot be excluded or limited under Swedish law

9.4 Your Responsibility

You acknowledge that you use the Service at your own risk and are responsible for:

• Maintaining backups of critical data
• Verifying the accuracy of data and communications
• Ensuring compliance with applicable laws in your use of the Service
• Your own GDPR compliance as data controller for musician data

10. Indemnification

You agree to indemnify, defend, and hold harmless StageSub AB, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your violation of GDPR or other data protection laws in your handling of musician data
• Any claim that your Customer Data infringes or violates third-party rights
• Your failure to obtain necessary consents from musicians

11. Termination & Suspension

11.1 Termination by You

You may cancel your subscription at any time through your account settings or by contacting us. Upon cancellation:

• Your access continues until the end of the current billing period (no partial refunds)
• Automatic renewal will be disabled and you will not be charged for subsequent periods
• You may export your data before the subscription ends
• After 90 days, your data will be permanently deleted (subject to legal retention requirements)

11.2 Termination or Suspension by StageSub

We may suspend or terminate your access to the Service immediately, without prior notice, for:

• Material breach: Violation of these Terms, especially the Acceptable Use Policy
• Non-payment: Failure to pay subscription fees within 14 days of the due date
• Fraudulent activity: Providing false information, using stolen payment methods, or engaging in fraud
• Legal requirements: Court orders, law enforcement requests, or regulatory compliance
• Security concerns: If your account is compromised or poses a security risk to the Service or other users
• Abuse: Excessive use that degrades service for other customers

For non-urgent violations, we will provide 7 days advance notice when reasonably possible, giving you an opportunity to remedy the breach.

11.3 Effects of Termination

Upon termination for any reason:

• All rights granted to you under these Terms immediately cease
• You must immediately cease all use of the Service
• Outstanding fees become immediately due and payable
• We may delete your data according to our retention policy (you should export data before termination)
• Provisions that by their nature should survive (e.g., liability limitations, indemnification, governing law) will continue to apply

12. Intellectual Property Rights

12.1 StageSub Ownership

The Service, including all software, code, designs, graphics, interfaces, documentation, and related intellectual property, is owned by StageSub AB and is protected by Swedish and international copyright, trademark, patent, and other intellectual property laws.

All rights not expressly granted to you in these Terms are reserved by StageSub.

12.2 Limited License

Subject to your compliance with these Terms and payment of applicable fees, StageSub grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

You may NOT:

• Copy, modify, adapt, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove or modify any proprietary notices or labels
• Use the Service to build a competitive product or service
• Publicly perform or display the Service
• License, sell, rent, lease, transfer, or distribute the Service

12.3 Trademarks

"StageSub" and associated logos are trademarks of StageSub AB. You may not use our trademarks without our prior written permission.

12.4 Feedback

If you provide us with ideas, suggestions, or feedback about the Service, you grant StageSub a worldwide, perpetual, irrevocable, royalty-free license to use, modify, and incorporate such feedback into the Service without any obligation to you.

13. Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data in compliance with GDPR and Swedish data protection laws.

The Privacy Policy is incorporated into these Terms by reference. By using the Service, you also agree to the Privacy Policy.

14. Changes to These Terms

We may modify these Terms from time to time to reflect changes in our practices, technology, legal requirements, or other factors.

14.1 Notification of Changes

• Minor changes: Updated on this page with a new "Last updated" date
• Material changes: We will notify you via email at least 30 days before the changes take effect
• Changes will be posted on our website and in your account dashboard

14.2 Acceptance of Changes

Continued use of the Service after changes become effective constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must cancel your subscription before the effective date.

We will not make retroactive changes that substantially reduce your rights without your consent.

15. Governing Law & Dispute Resolution

15.1 Governing Law

These Terms and any disputes arising out of or related to the Service shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of law principles.

The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.

15.2 Jurisdiction & Venue

Any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the Swedish courts, with Stockholm District Court as the court of first instance.

You irrevocably consent to the exclusive jurisdiction and venue of the Swedish courts.

15.3 Informal Dispute Resolution

Before initiating formal legal proceedings, we encourage you to contact us at admin@stagesub.com to seek an informal resolution. Many disputes can be resolved quickly and amicably through direct communication.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and StageSub regarding the Service and supersede all prior agreements, understandings, and communications.

16.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

16.3 Waiver

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by StageSub.

16.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms to any affiliate, successor, or purchaser of our business without your consent.

16.5 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated.

16.6 Force Majeure

We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

16.7 Language

These Terms are originally written in English. Translations are provided for convenience. In the event of any conflict between the English version and a translation, the English version shall prevail.

17. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us:

StageSub AB
Ymsenvägen 8, 120 38 Årsta, Sweden
Organization Number: 559541-2569
Email: admin@stagesub.com

For technical support, billing inquiries, or data protection questions, please use the same email address.