Terms of Service

1. Scope

These Terms of Service govern the use of the Stagedyver platform by musicians/bands and organizers/bookers, operated by:
Sebastian Schwarz Design & Development
E-Mail: hello@stagedyver.app

Stagedyver's offering is directed exclusively at entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. Contracts with consumers (§ 13 BGB) are excluded.

2. Conclusion of Contract & Merchant of Record

Stagedyver uses the partner Lemon Squeezy (Lemon Squeezy, LLC) for payment processing. Lemon Squeezy acts as the official seller (Merchant of Record). The contract for the use of the paid features (subscription or booking fee) is concluded when the user successfully completes the checkout process at Lemon Squeezy and confirms the payment. These Stagedyver Terms of Service apply additionally to the use of the app features.

3. Services for Musicians and Bands

• (1) Stagedyver offers Software-as-a-Service (SaaS) for musicians to organize gigs, setlists and finances. The app merely constitutes a tool for management.
• (2) Free of charge: Stagedyver is currently provided to musicians and bands free of charge. All band features — including unlimited songs, unlimited setlists and the public booking profile — are available to every band at no cost. There is currently no paid subscription.

4. Services for Organizers and Bookers

• (1) Stagedyver offers features for organizers to find suitable musicians and bands and book them bindingly.
• (2) Price: For every successful booking via the platform, a service fee of 1% of the total fee (incl. VAT) agreed between the organizer and the artist is charged.
• (3) The role of the platform is expressly limited to that of a technical intermediary for the better representation of the contractual relationships. Stagedyver is neither a party to nor a vicarious agent of the actual performance contract. The contract for the performance is concluded exclusively and directly between the organizer and the musician/band. For detailed provisions on the intermediation, our Intermediation Terms apply additionally.

5. Contract Documents & Electronic Conclusion of Contract

• (1) Stagedyver provides bands with a tool to generate offer and contract PDFs based on the data they enter. The content, completeness and legal validity of the generated documents are the sole responsibility of the band and the respective contracting parties. Stagedyver does not carry out any legal review and provides no legal advice.
• (2) Stagedyver does not collect, verify or store any handwritten or electronic signatures and is not a trust service provider within the meaning of the eIDAS Regulation (Regulation (EU) No. 910/2014). The clause on the electronic conclusion of contract included in the PDF is a drafting aid; if a contract requires the statutory written form (§ 126 of the German Civil Code, BGB) or a qualified electronic signature, the band is obliged to use a corresponding procedure outside of Stagedyver.
• (3) The contract between band and organizer is concluded exclusively between these parties and outside the platform. In this respect Stagedyver acts solely as a technical messenger: the creation and any dispatch of a contract PDF initiated via the platform constitute neither a declaration of intent by Stagedyver nor an act of acceptance or evidentiary preservation.
• (4) The status "contract confirmed" set manually by the user in the app is a note intended solely for the user's internal overview. It has no legally binding external effect vis-à-vis the organizer or third parties and, in particular, does not constitute evidence within the meaning of the German Code of Civil Procedure (ZPO).

6. User Obligations

• (1) The user is obliged to provide truthful and complete information during registration and profile creation.
• (2) The user must keep their access credentials secret and protect them from unauthorized third-party access. Stagedyver must be informed immediately in the event of suspected misuse.
• (3) The user ensures that the content they post (text, images, links) does not infringe the rights of third parties (in particular copyrights or trademark rights) and does not violate applicable law.

7. Responsibility & Data

• (1) Each user is responsible for the accuracy of their own profile information, fee and tax data. Stagedyver does not provide legal or tax advice.
• (2) The data entered by the user (e.g. setlists, finances, event details) remains the property of the user, who grants Stagedyver a simple right of use to provide the platform features.

8. Limitation of Liability

• (1) Stagedyver is liable without limitation for intent and gross negligence as well as for damages arising from injury to life, body or health.
• (2) In cases of slight negligence, Stagedyver is only liable for the breach of a material contractual obligation (cardinal obligation), the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the user may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract.
• (3) Any further liability for damages is excluded – regardless of the legal nature of the asserted claim. This applies in particular also to the availability of the platform and the error-free transmission of data.

9. Term & Cancellation (Stagedyver Pro)

The paid Pro subscription begins with the active conclusion (checkout) and is concluded for an indefinite period. With monthly payment it can be cancelled at any time at the end of the billing month, with annual payment at the end of the billing year, via the user dashboard or the customer area of the respective payment provider (Lemon Squeezy for web, App Store for iOS, Google Play for Android). The free tier can continue to be used without time limit independently of this.

9a. App Store Subscriptions (iOS / Apple)

• (1) Subscription title: Stagedyver Pro (per band).
• (2) Length & price: a monthly auto-renewing subscription at €4.99 per month incl. VAT, or an annual auto-renewing subscription at €49.99 per year incl. VAT, each per band. The applicable price is shown in the Apple purchase dialog before the purchase is confirmed.
• (3) Automatic renewal: The subscription renews automatically at the then-current price unless it is canceled at least 24 hours before the end of the current period. The renewal charge is billed to the Apple account within 24 hours before the end of the current period.
• (4) Payment & management: When purchased through the iOS app, payment is charged to your Apple account. You can manage and cancel the subscription at any time in your device's App Store settings. Any unused portion of a free trial period is forfeited when a subscription is purchased.
• (5) Functional links: Privacy Policy and these Terms of Service (EULA). For subscriptions purchased through the App Store, Apple's standard license agreement applies additionally (Apple Standard EULA).

10. Final Provisions

• (1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
• (2) The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms of Service is, to the extent legally permissible, the registered office of Stagedyver (Würzburg).
• (3) Should individual provisions of these Terms of Service be or become invalid, the validity of the remaining provisions remains unaffected.