Terms of Service

These Terms govern your use of Bandzeen, the rehearsal and gig-management app for bands at band.datanius.com, and of Pódium, its public listening site at podium.datanius.com (together "the service"). By creating an account or using the service you agree to these Terms. Please also read the Privacy Policy.

1. Who we are

The service is operated by Datanius s.r.o., ID No. (IČO) 300 66 786, registered office Dandova 2619/13, Horní Počernice, 193 00 Praha 9, Czech Republic, registered in the Commercial Register kept by the Municipal Court in Prague, section C, file 456770 ("we", "us"). Contact: [email protected]. This address is also our single point of contact for users and for authorities under Articles 11 and 12 of the EU Digital Services Act; you can write to us in Czech, Slovak or English.

2. How these Terms relate to the Datanius general terms

The general Datanius Terms of Service cover all Datanius services. These Terms are the service-specific terms for Bandzeen and Pódium and take precedence wherever the two differ. In particular, the content licence in section 6 of these Terms replaces the content licence in the general terms: we do not use your recordings or other content for AI training, advertising or marketing beyond what section 6 allows.

3. What the service is

Bandzeen helps bands record and organise rehearsals, transcribe and annotate them, plan gigs and calendars, build setlists and design stage plots. Pódium lets bands publish selected songs, playlists, photos and concerts, and lets fans listen, follow bands, like songs, send gifts and build playlists. We are a hosting provider: we are not a label, publisher, booking agent or collecting society, and we do not take part in agreements between bands, venues and fans.

4. Accounts

• You must be at least 16 to create an account.
• Give us accurate details, keep your password secret and don't share your account. Tell us at once if you suspect someone else is using it.
• One person per account. Accounts created by bots or in bulk are not allowed.
• A band is created by a band admin, who can invite and remove members and decide what the band publishes. Content uploaded to a band belongs to that band's shared space: if you leave the band, what you uploaded there stays available to the band unless you or the admin delete it.

5. Acceptable use

You may not use the service to:

• upload or publish anything illegal, including content that infringes someone else's copyright, related rights or privacy (for example a recording of a person who did not agree to be recorded and published);
• harass, threaten or defame anyone, or publish hate speech;
• spread malware, spam, or manipulate plays, likes, follows, gifts or charts (including with bots or fake accounts);
• get around access limits, plan limits or security measures, scrape the service, or probe it for vulnerabilities without our written permission (please report security issues to the address in section 1);
• use the service as general file storage unrelated to your music.

6. Your content

Everything you upload (recordings, songs, photos, setlists, stage plots, notes, comments) stays yours. You give us a non-exclusive, royalty-free licence, worldwide and for as long as the content is on the service, to store, copy, transcode, analyse, back up and transmit it only as needed to run the service for you:

• Private content (everything by default) is shown only to the members of your band and to people you share a link with.
• Public content (only what a band admin or uploader explicitly publishes to Pódium) may additionally be streamed and shown to anyone, included in Pódium search, charts, playlists, recommendations and share previews, and shown in our own promotion of Pódium with the band's name. Unpublishing it ends this part of the licence for the future (copies already in fans' browser caches or shared screenshots are outside our control).

We do not sell your content and we do not use it, or let our AI providers use it, to train AI models. The licence ends when you delete the content or your account, apart from backup copies that expire under the retention times in the Privacy Policy.

7. Publishing music: your rights promise

Before you publish a recording you confirm the publishing-rights declaration: that you hold, or have permission for, all rights needed to make it public, including the rights of the songwriters, of every performer on the recording and of anyone else who can be heard or seen in it. Covers of other people's songs need the songwriter's or publisher's permission or a licence from the relevant collecting society (in the Czech Republic, OSA). If you publish something you had no right to, you are responsible for it toward the rights holder, and we may remove it.

8. AI features

Some features use automated speech recognition and language models, for example rehearsal transcripts, chapter and song detection, summaries and song suggestions. To provide them we send the relevant audio or text to the AI provider named in the Privacy Policy. Results are generated automatically and may be wrong or incomplete; check them before you rely on them. AI processing is used only to provide the feature you asked for.

9. Reporting content, moderation and complaints

• Anyone can report content they consider illegal or against these Terms via "Report" on Pódium or the copyright notice form. A notice should say where the content is, why it is illegal, who you are (except for certain criminal offences) and that you are acting in good faith.
• We review notices without undue delay and may remove or disable content, limit its visibility, or suspend or close accounts. When we act against your content or account we tell you what we did and why, unless the law prevents it, and you can ask us to review the decision by replying to that message or writing to the address in section 1. A person, not only an automated system, will decide on the review.
• You can also turn to an out-of-court dispute settlement body certified under Article 21 of the Digital Services Act, or to a court.
• We close the accounts of repeat infringers and of people who repeatedly send manifestly unfounded notices.

10. Plans, payments and withdrawal

• Free plan. The free plan has no time limit.
• Limits. Each plan has the recording, storage and member limits shown on the pricing page at the time you use it. When a band reaches a limit, new uploads stop until it frees space or upgrades; nothing already uploaded is deleted because of a limit.
• Originals on the free plan. On the free plan we keep the processed audio (AAC 256 kbps) and delete the original upload once processing succeeds, so keep your own copy. Upgrading does not bring back an original that was already deleted. Multitrack ZIP uploads are kept, because no single processed file replaces them.
• Paid plans are subscriptions per band. The price, billing period and what the plan includes are shown before you pay; prices for consumers include VAT. Payments are processed by Stripe. A subscription renews automatically at the end of each period until it is cancelled. You can cancel at any time in the billing settings and it ends at the end of the period already paid.
• Trial. If a plan comes with a free trial, you are not charged during the trial, and we remind you before it ends.
• Price changes. We tell you about any price increase or reduction of a paid plan at least 30 days in advance by email. It applies from the next period after that, and you can cancel before then.
• 30-day money-back guarantee. If you are not happy with a paid plan, write to the address in section 1 within 30 days of your first payment for that plan and we refund that payment in full, with no deduction and no reason needed. The guarantee adds to your statutory rights and does not limit them.
• Right of withdrawal (consumers). If you are a consumer in the EU, you may withdraw from a paid subscription within 14 days of buying it without giving a reason, by writing to the address in section 1. When you start a paid plan straight away you ask us to begin providing it immediately; if you then withdraw, we refund what you paid minus a proportionate amount for the days already provided. Refunds go back to the original payment method within 14 days.
• Defects. If the paid service does not work as described, tell us; your statutory rights for defective digital services under the Czech Civil Code apply.

11. Availability and backups

We work to keep the service available and your data safe, and we keep backups, but we cannot promise the service will be uninterrupted or free of errors. Some features are marked as beta and may change. Keep your own copies of recordings you can't afford to lose; you can download your files at any time.

12. Ending the service

You can delete your account at any time in your profile settings. Bands you created are deleted together with your account, including everything in them, for all their members; recordings you uploaded to other bands stay with those bands. We may suspend or close an account that seriously or repeatedly breaks these Terms or the law, after a warning where that is reasonable. If we discontinue the service, we will tell you at least 60 days in advance so that you can download your content, and refund any prepaid fees for the period after the end.

13. Liability

We are liable for damage we cause by breaching these Terms or the law. Except for damage caused intentionally or by gross negligence, harm to life or health, and any other liability that the law does not allow to be limited, our total liability for all claims relating to the service is limited to the higher of the fees you paid us in the 12 months before the event and EUR 100, and we are not liable for loss of profit or indirect damage. Nothing in these Terms limits your rights as a consumer.

14. Changes to these Terms

We may change these Terms to reflect changes in the service, the law or our business. For a substantive change we email registered users at least 30 days before it takes effect and ask you to accept the new version when you next sign in. If you do not agree, you can cancel and delete your account before the change takes effect. Earlier versions remain available, and your consent record shows which version you accepted.

15. Governing law and disputes

These Terms are governed by Czech law. If you are a consumer, you keep the protection of the mandatory laws of the EU country where you live, and you may bring a claim in the courts of that country. Consumers in the Czech Republic can use out-of-court resolution at the Czech Trade Inspection Authority (adr.coi.cz). These Terms exist in English and Czech; both versions have the same meaning, and if you are a consumer the version in your language applies.