Terms of Service

1. Acceptance of Terms

By accessing or using the Backstage Baton platform, website, or SMS notification service (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service. Backstage Baton LLC ("Backstage Baton," "we," "us," or "our") may update these Terms from time to time; we will post the updated Terms on this page with a revised effective date, and material changes will be communicated to organization owners by email. Continued use of the Service after the effective date of an update constitutes acceptance. You affirm that you have authority to bind the organization on whose behalf you are accepting these Terms.

2. Definitions

• "Service" — the Backstage Baton platform, website, mobile/web app, SMS notification service, and related features.
• "Organization" — a band, orchestra, choir, ensemble, or other group that subscribes to the Service.
• "Member" — an individual added to an Organization's roster or who has a user account with the Service.
• "Customer Data" — all data uploaded to or generated within the Service by an Organization or its Members.
• "Subscription" — a paid plan (Essentials or Complete) on a monthly or annual billing interval.

3. Service Description

Backstage Baton is a multi-tenant membership management platform for community bands, orchestras, choirs, and ensembles. The Service includes member roster management, performance and rehearsal scheduling, music library tracking, communications (email and SMS), attendance tracking, and related organizational tools. Some features are powered by Anthropic's Claude API for AI-assisted parsing, music enrichment, and content composition. The Service is provided on a subscription basis to Organizations, and individual Members access it through their Organization's account.

4. Accounts & Access

Organization administrators are responsible for managing their Members' access to the platform. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to notify us immediately of any unauthorized use at support@backstagebaton.com.

We may suspend or terminate accounts that violate these Terms, the Acceptable Use Policy, or applicable law, or that engage in abusive, fraudulent, or unlawful activity.

You represent that you have all rights, consents, and authority required to collect and provide to the Service the Customer Data you submit — including, where required by law, verifiable parental or guardian consent for Members under 13 (see Section 11).

5. SMS Notification Service

Backstage Baton provides an SMS notification service that allows organizations to send text messages to their members. By providing your phone number and opting in to SMS notifications, you agree to the following terms:

Full SMS program terms are at /sms.

6. Subscriptions, Free Trial & Billing

Backstage Baton offers tiered Subscription plans (Essentials, Complete) billed monthly or annually, following a 90-day free trial of the Complete plan. Pricing is published at /pricing. By subscribing, you authorize us to charge the payment method on file at the applicable rate.

Cancellations, refunds, trials, billing errors, plan changes, and chargebacks are described in our Refund & Cancellation Policy, which is incorporated into these Terms. For billing questions, contact billing@backstagebaton.com.

7. Acceptable Use

Your use of the Service is governed by the Acceptable Use Policy ("AUP"), which is incorporated into these Terms. Without limiting the AUP, you agree not to:

• send unsolicited messages (spam) via SMS, email relay, or other communications tools;
• transmit content that is unlawful, harmful, threatening, abusive, infringing, or otherwise objectionable;
• impersonate any person or entity;
• attempt to gain unauthorized access to the Service or other Organizations' data;
• scrape, crawl, or harvest data except through features provided for export;
• upload viruses, malware, or other harmful code;
• resell, sublicense, or use the Service to manage organizations not covered by your Subscription.

SMS messages sent through the platform must be relevant to the Organization's activities and directed only to Members who have been added to the Organization's roster and opted in.

8. Customer Data & Music Rights

Your Organization retains ownership of all Customer Data. We claim no ownership rights over your Customer Data. You grant us a limited, non-exclusive license to host, store, transmit, and process your Customer Data solely to provide and improve the Service consistent with our Privacy Policy.

Music rights. The Service's music library is a cataloging and planning tool. You are solely responsible for lawfully obtaining all rights to the music your Organization performs, rehearses, copies, or distributes — including public-performance licenses (e.g., ASCAP/BMI/SESAC), publisher rentals, and mechanical/sync rights where applicable. Backstage Baton grants no music rights and does not host or distribute copyrighted scores or recordings on your behalf.

9. Intellectual Property

The Backstage Baton platform, including its design, code, features, branding, and content (excluding Customer Data), is the property of Backstage Baton LLC and is protected by U.S. and international intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to access and use the Service per your Subscription tier. All rights not expressly granted are reserved.

10. Privacy & Data Protection

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect personal information. For member data entered into the Service, your Organization is the data controller (or "business") and Backstage Baton is the data processor (or "service provider"). A Data Processing Addendum (DPA) is available to subscribing Organizations on request at legal@backstagebaton.com.

11. Children & Minors

The Service may be used by Organizations whose Members include minors (for example, youth or school ensembles). The Service is not directed to children, and we do not knowingly collect personal information directly from children via our marketing website or a child-facing signup. When your Organization adds a Member who is a minor, you represent that you have all consents required by applicable law, including verifiable parental or guardian consent for Members under 13 under the Children's Online Privacy Protection Act (COPPA) and any consent required by state law or by FERPA where you are an educational institution. Parents and guardians may contact privacy@backstagebaton.com with takedown requests; see the Children's Privacy section of our Privacy Policy.

12. Termination & Data Export

You may cancel your Subscription at any time per Section 6 and the Refund & Cancellation Policy. We may terminate or suspend your access to the Service at any time for material breach of these Terms, the AUP, or applicable law, generally with reasonable notice and an opportunity to cure where practical, and immediately for conduct that threatens the Service or other customers. Upon cancellation or termination, your Organization's Customer Data is retained for 90 days to allow re-activation or export, after which it is permanently deleted, except where retention is required for legal, tax, or accounting compliance (which may extend retention of financial records such as invoices for the period required by applicable law). CSV export is available at any time on all plans.

13. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free operation. We do not guarantee that the Service will be uninterrupted, secure, or error-free.

SMS message delivery depends on third-party carriers and is not guaranteed. We are not responsible for messages that are delayed, undelivered, blocked, or filtered by carriers.

AI-assisted features (e.g., smart import, weekly digest composition, music enrichment) generate output based on inputs you provide. You are responsible for reviewing AI-generated output before relying on or distributing it.

14. Limitation of Liability

To the maximum extent permitted by law, Backstage Baton LLC and its officers, members, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including lost profits, lost data, lost goodwill, or business interruption — arising out of or relating to the Service or these Terms, even if advised of the possibility of such damages.

Aggregate cap. To the maximum extent permitted by law, Backstage Baton LLC's total aggregate liability for any and all claims arising out of or relating to the Service or these Terms shall not exceed the greater of (a) the total amount you paid us for the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages; in such jurisdictions, our liability is limited to the maximum extent permitted by law.

15. Indemnification

You will defend, indemnify, and hold harmless Backstage Baton LLC and its officers, members, employees, and contractors from and against any third-party claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your or your Organization's Customer Data; (b) your or your Members' use of the Service in violation of these Terms, the AUP, or applicable law; (c) infringement of third-party intellectual-property or privacy rights by content you upload or transmit through the Service (including music for which you lack the required licenses); or (d) your breach of the representations in Sections 4 and 11.

16. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to its conflict-of-law provisions. The exclusive venue for any dispute, claim, or proceeding arising out of or relating to these Terms or the Service shall be the state or federal courts located in Douglas County, Colorado, and you consent to the personal jurisdiction of those courts.

Notwithstanding the foregoing, either party may bring a claim in small-claims court if it qualifies for that court's jurisdiction, and we may seek injunctive or equitable relief in any court of competent jurisdiction to protect our intellectual property or the Service.

17. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy, Refund & Cancellation Policy, AUP, and any executed DPA, are the entire agreement and supersede any prior agreements.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full effect.
• No waiver. Failure to enforce any right does not waive that right.
• Assignment. You may not assign these Terms without our prior written consent. We may assign in connection with a merger, acquisition, or sale of assets.
• Notices. Notices to you may be sent to the email address on file for your Organization. Notices to us go to legal@backstagebaton.com.
• Custom or enterprise agreements. Where you and Backstage Baton have signed a separate order form, MSA, or DPA, that document controls to the extent it conflicts with these Terms.

18. Contact Us

General: support@backstagebaton.com
Billing: billing@backstagebaton.com
Privacy: privacy@backstagebaton.com
Legal / DPA requests: legal@backstagebaton.com

Backstage Baton LLC · Highlands Ranch, CO, United States · EIN 41-4595541