These Terms of Service (“Terms”) govern your access to and use of BandHQ (the “Service”), operated by Vivid Vision Designs Ltd, a company registered in England & Wales (company number 16091475), registered office 5 High Street, Husbands Bosworth, Lutterworth, England, LE17 6LJ (“BandHQ”, “we”, “us”, “our”). By creating an account or using the Service you agree to these Terms. If you are agreeing on behalf of a band or organisation, you confirm you are authorised to bind it.
1. Who may use the Service
- The Service is offered to bands and the organisations or committees that run them, to manage and communicate within a band.
- Minimum age. You must be at least 13 to hold your own account. Children under 13 do not create their own account — they take part only through their band, added by a band administrator with parental or guardian involvement, as described in our Privacy Policy.
- You must be able to form a binding contract and not be barred from using the Service under applicable law.
2. Definitions
“Band Data” means data you or your members put into the Service (including data about members). “Members” means the people you authorise to use the Service under your account. “Subscription” means your plan. “Documentation” means our published guides and help content.
3. The Service and your licence
We grant you a non-exclusive, non-transferable right to access and use the Service during your Subscription, for running your band, subject to these Terms. We may improve, change or add to the Service. We will not materially reduce core functionality of a paid plan during a paid term without giving you at least 30 days’ notice.
4. Accounts, security and acceptable use
- You are responsible for your account, your Members, and activity under it. Keep your credentials secure.
- You agree not to: misuse the Service; break the law; infringe others' rights; attempt to breach security or access another band's data; reverse-engineer or resell the Service; or use it to store unlawful content.
- Community rules. Your use, and your Members' use, must follow our Child Safety & Acceptable Use policy, which forms part of these Terms.
- Content that is never permitted. BandHQ is a service for running a band, and the following are prohibited outright. We remove them and may suspend or close the account responsible. These are the categories of priority illegal content the Online Safety Act 2023 requires us to name, and none of them has any place on this service:
- child sexual exploitation or abuse, including grooming and indecent images of children;
- terrorism, and content encouraging or assisting it;
- encouraging or assisting suicide or serious self-harm;
- threats, harassment, stalking, or controlling or coercive behaviour;
- hate offences targeting race, religion, sex, sexual orientation, disability or gender reassignment;
- extreme pornography, and sharing intimate images without consent;
- sexual exploitation of adults, human trafficking, and assisting unlawful immigration;
- selling or supplying controlled drugs, psychoactive substances, firearms, knives or other weapons;
- fraud, financial offences and dealing in the proceeds of crime;
- foreign interference, and animal cruelty.
- Automated features. Some features (such as section-balance coverage) produce automated, informational aids from your data. They are aids, not decisions or professional advice; you remain responsible for decisions you take.
5. Band Data and data protection
- You own your Band Data. We claim no ownership of it.
- For personal data you put into the Service about your members, you are the controller and we are the processor; that processing is governed by our Data Processing Agreement, which forms part of these Terms.
- For personal data we handle as controller (your account admins, billing and marketing contacts, website visitors), our Privacy Policy applies.
- We use the sub-processors listed on our Trust & security page. We do not sell your data or your Band Data.
6. Fees, billing and taxes
Paid subscriptions are not yet available. No fee is charged, no payment details are collected, and there is no payment processor. The rest of this section describes how billing will work when it opens — read it as a commitment for that point, not a description of today.
- Fees are the amounts for your Subscription, billed in advance via our payment processor on the cycle shown at checkout, and are non-refundable except as required by law or expressly stated.
- Subscriptions auto-renew for successive terms unless cancelled before renewal. We will remind you at least 30 days before an annual subscription renews. You can cancel at any time from your account settings, without contacting us; cancellation takes effect at the end of the period you have already paid for.
- Fees are exclusive of taxes. You are responsible for applicable VAT, except taxes on our income.
- We may change fees on notice effective at your next renewal.
- There is no minimum term. A monthly subscription is not refunded for the current month and will not renew once cancelled.
- An annual subscription can be refunded pro rata within 30 days of payment, and is not refundable after that.
- The free features of BandHQ remain free. They do not require a subscription and are not withdrawn if you cancel one.
7. Term, suspension and termination
- These Terms run for as long as you use the Service.
- You may cancel effective at the end of the current billing term.
- We may suspend or terminate for material breach (with a chance to cure where practical), non-payment, or unlawful use. Either party may also terminate if the other becomes insolvent or stops trading.
- When an administrator leaves. If a band administrator closes their account, their admin role passes to another eligible member of that band where possible. If the last member of a band leaves, the band and its content are deleted.
- On termination, your right to use the Service ends. We will make Band Data available for export for a limited period, then delete it per our retention policy.
- What survives. Sections 8 (intellectual property), 10 (limitation of liability), 11 (indemnity), 12 (confidentiality), 15 (governing law) and any fee already due continue after these Terms end. Everything else falls away — including any permission to display your band’s content, which ends when your right to use the Service does.
8. Intellectual property
We (and our licensors) own the Service, its software, and all related IP. You own your Band Data and your band's name and marks. If you give us feedback, you grant us a licence to use it to improve the Service.
9. Warranties and disclaimers
We will provide the Service with reasonable skill and care. Otherwise, to the extent permitted by law, the Service is provided “as is” and we disclaim other warranties, express or implied (including merchantability, fitness for a particular purpose, and non-infringement). We do not currently offer a contractual uptime/SLA commitment.
10. Limitation of liability
Nothing limits liability that cannot be limited by law (e.g. death or personal injury caused by negligence, or fraud). Subject to that, neither party is liable for indirect or consequential loss, or loss of profit, revenue or data; and our total liability in any 12-month period is capped at the fees you paid us in that period. Some liabilities may sit outside this cap — for example each party's obligations under data-protection law and any indemnity.
11. Indemnity
Each party will defend the other against third-party claims arising from its breach of these Terms, to the extent permitted by law.
12. Confidentiality
Each party will protect the other's confidential information and use it only to perform these Terms. This does not apply to information that is or becomes public through no breach, was already known or independently developed, or must be disclosed by law. These confidentiality obligations continue for 3 years after these Terms end.
13. Changes to these Terms
We may update these Terms. For changes that materially affect your rights we will give at least 30 days’ notice, in the app and by email. Minor changes — corrections, clarifications, and changes required by law — take effect when published. Continued use after the effective date means you accept the change. Each version is retained and version-numbered.
14. Content, moderation and safety
Bands post content on BandHQ — posts, messages, photos and files. You are responsible for the content you and your Members post, and it must comply with our Child Safety & Acceptable Use policy and the law.
- We may act on content. We do not review everything, but where content breaches these Terms, that policy or the law, we may hide, remove or refuse it, and restrict or close the accounts involved. Rights-holders may ask us to remove infringing content, and we will act as the law requires.
- Child sexual abuse material. We have zero tolerance. Where we become aware of it we will remove it, take the strongest action against the accounts involved, preserve the necessary evidence, and report it to the relevant authorities.
- Appeals. If we restrict your content or account and you think we’ve got it wrong, you can appeal by contacting us, and we’ll review it.
- Legal & safety duties. As a service used by children, BandHQ has duties under the UK Online Safety Act, and may take action or share information where the law requires.
15. Governing law and disputes
These Terms are governed by the laws of England & Wales, and the courts of England & Wales have exclusive jurisdiction.
16. General
Assignment. Neither party may assign these Terms without the other's consent, except that we may assign to an affiliate or to a successor in connection with a merger, acquisition or sale of assets — and if we do, we will let you know.
Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control. This does not excuse a failure to keep personal data secure, and a cyber-attack is not treated as force majeure where reasonable safeguards would have prevented it.
Equitable relief. Either party may seek an injunction to protect its intellectual property or confidential information.
Notices. Formal notices are given by email to the contacts below and to the account email we hold for you, and take effect when sent.
Other. If a term is unenforceable the rest stands; these Terms — together with the Privacy Policy, Cookie Policy, Data Processing Agreement and Child Safety & Acceptable Use policy — are the entire agreement between us.
17. Contact
Vivid Vision Designs Ltd — hello@usebandhq.com (general) · privacy@usebandhq.com (data protection). Registered office: 5 High Street, Husbands Bosworth, Lutterworth, England, LE17 6LJ.