These Terms of Use define the legal framework governing access to, browsing of, consultation of and use of bandger.com, the application available notably through app.bandger.com, and all related Bandger services, features, subscriptions and digital offerings. Their purpose is to set out the respective rights, obligations, limitations and responsibilities of the user and Airdev. Any use of the service implies prior review and acceptance of these Terms, without prejudice to any overriding mandatory rights that may apply to certain users, especially consumers.
1. Provider, purpose and acceptance
Bandger is provided by Romain Vause, a natural person trading under the name Airdev and established in Belgium. The service is intended to provide music bands and the people working with them with a digital tool that helps organize, centralize, store and share information useful to their internal coordination and communication.
By accessing the website, creating an account, using the application, subscribing to a plan or using any feature made available through Bandger, the user acknowledges having read and accepted these Terms of Use in full. If the user acts on behalf of a band, an association, a company or any other organization, the user represents that they have the authority needed to bind that entity for the relevant use of the service.
If any provision of these Terms conflicts with a mandatory legal rule applicable to a specific user, that provision shall be disregarded or interpreted only to the extent strictly required, without affecting the validity of the remaining provisions.
2. Account creation, accuracy of information and account security
Access to some or all Bandger features may require the creation of a user account. When registering, the user undertakes to provide accurate, complete and honest information and to keep that information reasonably up to date during the period of use. The use of manifestly false, misleading or impersonated information may justify a restriction, suspension or termination of access.
The user is responsible for keeping login credentials confidential, maintaining account security and all actions carried out through the account, except where the user demonstrates that unauthorized access is exclusively attributable to a fault by Airdev or to an event outside the user's control. Users are expected, among other things, to choose a strong password, avoid abusive credential sharing and report any suspected fraudulent access without undue delay.
Where a third-party authentication option such as Google Sign-In is made available, the user remains responsible for the security of the corresponding third-party account and acknowledges that access to Bandger may depend on the proper operation of that authentication service.
3. Use of the service, roles and collaborative workspaces
Depending on the activated features, Bandger may allow the creation of shared workspaces, the invitation of additional members, the assignment of roles and the internal sharing of information and content. Some accounts may benefit from broader administration, management or configuration rights than others. Users holding such rights are expected to exercise them carefully and in a manner consistent with the legitimate needs of their organization.
Airdev is not responsible for workspace configuration choices, permissions granted, invitations sent or access maintained by a workspace administrator, except where a fault specific to the design or operation of the service is established. A user who invites a third party into a shared space acknowledges that certain data may become visible to that third party depending on the access rights granted.
4. Feature availability and service evolution
Bandger is an online software service that may evolve on an ongoing basis. Airdev reserves the right to modify, supplement, suspend, improve, remove or replace some or all features, interfaces, access methods, technical limitations or visual elements for technical, commercial, legal, security, maintenance or usability reasons.
No feature that is not expressly guaranteed as an essential contractual element of a specific plan is maintained in an immutable form. Some features may be offered on an experimental, beta, trial or evolving basis and may involve a variable level of stability. Users accept that the normal evolution of an online software product may lead to changes in presentation, behavior or functional scope.
5. Plans, subscriptions, billing and payment
Bandger may offer, depending on the period and applicable commercial configuration, one or more free plans, paid monthly or yearly plans and, where applicable, a free trial period. The main characteristics of each plan, including functional limits, trial conditions, pricing and billing frequency, are those displayed at the time of subscription.
Online payments are processed through Stripe. Airdev does not intend to store full payment card details. Payment processing may be subject to the technical and contractual conditions of the relevant payment provider. Failed charges, authorization failures, rejected payments, card incidents or any other payment issue may result in the suspension, failure or non-renewal of a subscription.
Unless expressly stated otherwise at checkout, subscriptions renew automatically for successive periods equivalent to the initial billing period selected by the user. Taxes, including VAT where applicable, are calculated or displayed in accordance with the rules in force and depending on the customer's status, the information declared and the applicable tax obligations.
6. Cancellation, non-renewal and continued access until the end of the paid period
Users may cancel a subscription at any time before the renewal date through the tools made available in the service or, failing that, by contacting support@bandger.com. A valid cancellation prevents the next automatic renewal but does not, unless otherwise required by law or expressly accepted by Airdev, trigger the immediate loss of access to the features already paid for.
Once a cancellation has been properly recorded, access to paid features generally remains available until the end of the current paid period. At that point, the subscription ends and the account may be moved to a free plan, restricted, suspended or closed depending on the service structure and the plans available at the relevant time.
Except where required by mandatory law, cancellation does not automatically entitle the user to a refund for a period that has already started. The specific rules relating to the consumer withdrawal right remain applicable where the legal conditions are met.
7. Consumer withdrawal right and refunds
Where a user acts as a consumer under applicable law and enters into a distance contract, that user generally benefits from a fourteen-day withdrawal right starting from the conclusion of the contract, unless a legal exception applies. This right is exercised under the rules applicable to service contracts and digital content or digital service contracts.
If the consumer expressly requests that the service begin before the end of that fourteen-day period and access is effectively provided immediately, the consumer acknowledges that exercising the withdrawal right may result in a refund reduced in proportion to the part of the service already supplied before the withdrawal request is communicated. The actual amount refunded therefore depends on the specific situation, the date of the request and the state of service delivery.
Outside the withdrawal right or another mandatory legal obligation, any goodwill refunds remain assessed case by case by Airdev in accordance with the applicable commercial policy. Where a pro rata refund is granted, the calculation is based on the unused portion of the paid service period, subject to non-recoverable fees, legal requirements and the technical constraints of the payment provider.
8. Acceptable use rules
Users undertake to use Bandger lawfully, fairly, reasonably and in accordance with its intended purpose. They must refrain from any use that violates applicable laws or regulations, infringes third-party rights, breaches public policy, conflicts with these Terms or falls outside the normal purpose of the service.
Prohibited uses include, in particular, fraudulent, misleading, defamatory, abusive, harassing, infringing, unlawful, discriminatory or privacy-violating conduct, as well as any attempt to use the service for spam, malware distribution, unauthorized access, mass data extraction, unauthorized automation or intentional overload of the infrastructure.
Users must also refrain from bypassing technical restrictions, undermining security, diverting features for purposes incompatible with their intended use, using robots or scripts in breach of applicable rules or trying to access other users' accounts, data or workspaces without valid authorization.
9. User content and responsibility for imported content
Users remain solely responsible for the content, information, documents, files, contact details, texts, lists, notes, messages or data they create, import, store, share or otherwise make available through Bandger. Users represent that they hold all rights, permissions, legal bases and authorizations necessary to use such content within the service.
The publisher does not perform a general prior review of user content and is not under a general obligation to monitor its legality, accuracy, relevance or compliance. However, Airdev reserves the right to intervene, remove content, restrict access to it or suspend the related account where a manifest breach is reported, suspected or established, especially for legal, security or operational reasons.
Where a user adds data relating to third parties, the user acknowledges acting under their own responsibility as regards the lawfulness of the collection, the relevance of the information entered and compliance with any information duties that may apply.
10. Operational license required to run the service
Subject to third-party rights, users retain the rights they hold in the content they create or upload to Bandger. In order to operate the service, users nevertheless grant Airdev, for the duration reasonably necessary and on a worldwide basis, a non-exclusive, non-transferable except where technically necessary, royalty-free license limited to operational needs.
That license strictly covers the actions needed to host, store, back up, technically reproduce, convert, organize, display, transmit, synchronize and make content available in line with account settings and user actions. It also covers the technical operations required for security, maintenance, incident prevention, backup restoration and technical improvement of the service, without creating any independent commercial exploitation right over user content.
11. Intellectual property in the service
All intellectual property rights relating to Bandger, the website, the application, their software components, interfaces, visual elements, texts, logos, databases, structures and editorial content belong to Airdev or its licensors. Under these Terms, users receive only a personal, limited, non-exclusive, revocable and non-transferable right to access and use the service in accordance with its intended purpose.
Nothing in these Terms should be interpreted as granting a transfer of ownership, a broad commercial license, a resale right, a sublicensing right, a reverse-engineering right beyond what mandatory law requires or a right to reproduce the interface or the service components for unauthorized external use.
12. Suspension, restriction or termination by Airdev
Airdev may at any time restrict, suspend or terminate access to all or part of the service where there is a legitimate reason, including breach of these Terms, non-payment, a security risk, suspected fraud, abusive use, a justified third-party complaint, a legal obligation, a request from a competent authority or a major technical necessity.
Where reasonably possible, a prior warning or a request to remedy the issue may be sent. However, in urgent situations, including serious security threats, risk to third-party rights, fraudulent conduct or legal constraints, suspension may take place without prior notice. Airdev determines the proportionate measure on a case-by-case basis.
A suspension or termination resulting from a breach attributable to the user does not, in principle, entitle the user to any refund, except where mandatory law provides otherwise.
13. Account retention, post-termination data and deletion
The end of a subscription, account closure or cessation of use does not necessarily result in the immediate deletion of all associated data. Certain data may be retained for a limited period in order to manage the administrative closing of the relationship, preserve the continuity of a shared workspace, comply with legal obligations, preserve evidence, handle disputes, maintain security backups or process pending requests.
Where deletion is possible, it may take the form of effective deletion, anonymization, limited archiving or restricted retention depending on the nature of the relevant data and the obligations that apply. The detailed rules concerning personal data are set out in the Privacy Policy, which complements these Terms.
14. Warranties, liability limits and no promise of result
Bandger is provided as available, together with its features, limits, updates and technical constraints inherent in an online software service. Unless an express commitment states otherwise, Airdev does not guarantee uninterrupted availability, total absence of errors, suitability for a particular purpose or the achievement of any specific organizational, operational or commercial result through the use of the service.
To the fullest extent permitted by law, Airdev shall not be liable for indirect, immaterial or consequential losses, including loss of opportunity, revenue, clientele, data, reputation, profit or business continuity, nor for damage resulting from inappropriate use of the service, third-party behavior, external provider failures, network incidents, force majeure events or user fault.
Where the user acts for professional purposes, and except in cases of gross negligence, fraud or other situations where the law forbids a limitation, Airdev's aggregate liability for all claims arising out of or in connection with the service is capped at the total amount actually paid by that user during the twelve months preceding the event giving rise to the claim. Where the user is a consumer, nothing in these Terms limits any overriding mandatory rights granted by law.
15. Complaints, mediation and consumer protection
In the event of a difficulty, disagreement or complaint relating to the service, users are encouraged to contact Airdev first at support@bandger.com in order to seek an amicable solution. This prior step is encouraged for practical and administrative reasons but does not amount to a waiver of any legal remedy available under applicable law.
Where a user acts as a consumer, that user retains all rights and remedies granted by applicable law, including, where relevant, access to amicable dispute resolution or mediation mechanisms available in Belgium. Any European or national schemes that may change over time should be consulted in the version applicable at the time of the complaint.
16. Governing law and jurisdiction
These Terms of Use are governed by Belgian law. That choice of law does not deprive a consumer residing in another jurisdiction of the benefit of overriding mandatory rules that may protect that consumer under the law that would otherwise apply.
Subject to the mandatory rules applicable to consumers, any dispute relating to the validity, interpretation, performance or termination of these Terms, or to the use of the service, falls within the jurisdiction of the courts of Liège. Where the law grants a consumer the right to bring proceedings before the courts of their place of residence, that right remains fully reserved.
17. Amendments, partial invalidity and applicable version
Airdev reserves the right to amend these Terms of Use at any time in order to reflect legal, technical, functional, economic or organizational changes affecting the service. Unless the law requires otherwise, the applicable version is the version published online at the time the service is used or, for certain ongoing subscriptions, the version that has been validly brought to the user's attention under the applicable rules.
If any provision of these Terms is held to be invalid, unenforceable or deprived of effect, in whole or in part, by a competent court or by operation of mandatory law, the remaining provisions shall remain in force unless the overall contractual balance is fundamentally affected. The fact that Airdev does not rely on a given provision at a particular time shall not be construed as a permanent waiver of the right to rely on it later.