Terms of Use
1. Your acceptance of these Terms
These Terms of Use (the “Terms”) are a binding agreement between you and Tapawingo Labs Inc. (“bandMajor,” “we,” “us”) governing your use of the bandMajor websites, applications, and related services (together, the “Service”). By creating an account, joining an organization, or otherwise using the Service, you accept these Terms. If you do not agree, do not use the Service. If you use the Service on behalf of a school, district, or booster organization, you represent that you are authorized to bind that organization, and “you” includes it.
2. Privacy & student data
Our Privacy Policy explains what we collect and how we use it, and is part of these Terms. bandMajor serves school music programs, so some users are students and some records relate to minors. Where a school or district uses the Service, we process student records on that institution’s behalf and at its direction, consistent with FERPA’s school-official framework and applicable state student-privacy laws. We do not sell personal information.
3. Changes to these Terms or the Service
We may update these Terms as the Service evolves. When we make material changes we will post the updated Terms with a new effective date and give notice inside the Service. Continued use after the effective date is acceptance of the change. We may add, change, or retire features at any time; where reasonably practical we will give organizations advance notice of changes that remove significant functionality.
4. The Service
bandMajor provides tools for running school band, orchestra, and other ensemble programs: rosters, communication, calendars, inventory, finances, fundraising, media, and hosted public program pages. The Service is offered free of charge. We may introduce optional paid offerings in the future; nothing in these Terms obligates you to buy anything.
5. Eligibility, accounts & access
You must be at least 13 years old to create an account. Students under 18 may use the Service only through an organization (their school or program) that has invited or enrolled them; guardians can hold linked accounts with visibility as described in Section 6. You are responsible for the accuracy of your account information and the security of your credentials, and for everything that happens under your account. Tell us immediately at the address in Section 30 if you suspect unauthorized use. We may suspend access to protect the Service or its users.
6. Organizations, roles & guardians
Access inside a program is role-based: directors and staff administer their organization; guardians see their own students; students see what their program shares with them. The organization’s administrators, not bandMajor, decide who belongs to their roster, what roles people hold, and what content their members see. Guardian-visibility and student-safety communication rules (for example, restrictions on private adult-to-student messaging) are features of the Service, and organizations agree not to circumvent them.
7. Your content & license to us
You keep ownership of the content you post: messages, photos, videos, documents, and everything else (“User Content”). You grant Tapawingo Labs Inc. a non-exclusive, worldwide, royalty-free license to host, store, reproduce, adapt (for technical purposes such as resizing), and display your User Content solely to operate, secure, and improve the Service and as directed by you and your organization’s settings. This license ends when your content is deleted from the Service, except for backup copies kept for a limited time and content already shared with others. You represent that you have the rights needed to post what you post.
8. Acceptable use
You agree not to:
- break the law, or encourage anyone else to;
- post content that is harassing, bullying, hateful, sexually explicit, or that endangers a minor;
- impersonate anyone, misrepresent an affiliation, or register with someone else’s information;
- collect or scrape other users’ information, or use the Service to spam anyone;
- upload malware, probe or overload our systems, or bypass access controls or safety features;
- use the Service to run a competing product or resell it without our written agreement.
9. Content moderation & safety
Because minors use the Service, content passes automated screening (including AI review) before or shortly after posting, and flagged material is routed to the appropriate adults in the organization. We may remove content, restrict features, or suspend accounts that violate these Terms or endanger users, with or without notice. Indications of self-harm are escalated to organization-designated adults rather than silently removed. Moderation is a safety net, not a guarantee: organizations remain responsible for supervising their programs.
10. Payments, fundraising & financial tools
Organizations can track student accounts, collect payments, and run fundraisers through the Service. Payments are processed by third-party processors (currently Stripe); we do not store full card numbers. Funds collected through a program’s payment account belong to that organization. bandMajor is not a bank, escrow agent, or charity, and donations made to a program are gifts to that program, not to Tapawingo Labs Inc.. Organizations are responsible for their own tax treatment, receipts, refund policies, and compliance with school and district fundraising rules. Processor fees are disclosed at setup and may change with notice.
11. Advertising
bandMajor carries no advertising. There are no ad units in the Service, no advertising or ad-measurement scripts on any page, and we build no advertising profiles of adults or of students. We do not disclose personal information to third parties or affiliates for their marketing or promotional purposes.
Programs may raise money by soliciting sponsorship from local businesses for themselves. That is a fundraising campaign a program runs, and the money goes to the program. It is not advertising space sold inside bandMajor, and it involves no targeting and no user data. We do not sell advertising or sponsorship placements in the Service, and we have no plans to.
12. Intellectual property
The Service, including our software, design, logos, and the bandMajor name, belongs to Tapawingo Labs Inc. and its licensors and is protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service as intended by these Terms. No rights are granted except as expressly stated.
13. Copyright complaints (DMCA)
We respect copyright and expect users to do the same. If you believe content on the Service infringes your copyright, send a notice under the Digital Millennium Copyright Act to our designated agent at legal@bandmajor.com including: your contact information, a description of the work, the location of the allegedly infringing material, a good-faith statement, a statement of accuracy under penalty of perjury, and your physical or electronic signature. We will remove or disable access to infringing material, may notify the poster, and terminate repeat infringers.
14. Music rights
Band programs live on music, and most published music is copyrighted. Performances, arrangements, recordings, and sheet music you upload or stream through the Service must be properly licensed by your organization (for example, through your school’s licenses or the publisher). bandMajor does not grant performance, mechanical, synchronization, or arrangement rights, and organizations are responsible for their own music licensing.
15. Feedback
If you send us ideas or suggestions, you agree we can use them without restriction or compensation. We love feedback; we just can’t track ownership of every good idea.
16. Third-party services & links
The Service interoperates with third-party services, for example Google sign-in, payment processors, and calendar applications that subscribe to our feeds. Those services have their own terms and privacy policies, and we are not responsible for them. Links from user content or public program pages do not imply our endorsement.
17. Text messages & notifications
Text messages are optional. You opt in by entering your own mobile number in your profile and ticking the notification box; nobody else can do it for you. If you opt in, you will receive announcements from your director, schedule and call-time changes, emergency alerts, and account notices such as fee balances. Message frequency varies with your program’s activity, typically 0 to 5 messages per week. Message and data rates from your carrier may apply, and delivery depends on networks we don’t control.
Reply STOP to any message to stop all texts, or HELP for help. You can also untick the box in your profile at any time. Opting out stops texts completely. It does not affect your account, and the same information stays available in the app and, if you have email notifications on, by email.
We do not share, sell, or provide your mobile phone number or messaging consent data to third parties or affiliates for marketing or promotional purposes. Text-messaging opt-in data and consent are not shared with third parties. Your number goes to our messaging provider for the sole purpose of delivering these messages. We never send marketing texts. See the SMS section of our Privacy Policy for the full statement.
18. Member disputes
Disagreements inside a program, whether between parents, students, staff, or boosters, are between those people and their organization. You release Tapawingo Labs Inc. from claims arising out of disputes between users to the fullest extent permitted by law.
19. Warranty disclaimer
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
20. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, TAPAWINGO LABS INC. WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (US $100) OR THE AMOUNTS YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM. THESE LIMITS APPLY REGARDLESS OF LEGAL THEORY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
21. Indemnity
You agree to defend, indemnify, and hold harmless Tapawingo Labs Inc. and its directors, officers, employees, and agents from claims, damages, and expenses (including reasonable attorneys’ fees) arising out of your User Content, your use of the Service, or your violation of these Terms or of any law or third-party right.
22. Dispute resolution; class-action waiver; time to file
Talk to us first: most issues can be resolved informally by emailing legal@bandmajor.com, and you agree to try for thirty days before filing a claim. Any claim must be brought within one year after it arises, or it is permanently barred, where permitted by law. To the extent permitted by law, you and Tapawingo Labs Inc. each waive the right to participate in a class action or class-wide arbitration; claims may be brought only in an individual capacity. Either party may bring qualifying claims in small-claims court.
23. Governing law & venue
These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws rules. Except where another forum is required by law, the state and federal courts located in Virginia have exclusive jurisdiction over disputes arising out of these Terms or the Service, and you consent to personal jurisdiction there.
24. Independence; no affiliation or endorsement
bandMajor is an independent product of Tapawingo Labs Inc.. Except where we say so in writing:
- We are not affiliated with, sponsored by, or endorsed by any school, school district, or state or local education agency. Schools and programs are our customers; their use of bandMajor does not mean they endorse us, and our service to them does not mean we speak for them.
- We are not affiliated with, sponsored by, or endorsed by band and music organizations including the National Association for Music Education (NAfME), Music for All / Bands of America, Drum Corps International (DCI), WGI Sport of the Arts, state interscholastic and activities associations (such as the VHSL), or any music honor society. References to these organizations are for identification only, and their trademarks belong to their owners.
- We are not affiliated with instrument or uniform manufacturers, music publishers, or ticketing companies whose names may appear in inventory records, music libraries, or event pages users create.
- Third-party services we integrate with (such as Google and Stripe) are trademarks of their owners; their appearance in the Service is functional, not an endorsement in either direction.
- A business that sponsors a program’s fundraiser is not endorsed by bandMajor, by any school, or by any organization using the Service, and its sponsorship is not an endorsement of us.
You remain responsible for complying with the rules that apply to you and your program, including school and district policies, booster-organization bylaws, and eligibility, travel, and fundraising rules of your state activities association. bandMajor does not administer those rules and does not monitor your compliance with them.
25. Public institutions & records laws
If your organization is a public school or other government entity, nothing in these Terms limits obligations it may have under public-records laws (such as the Virginia Freedom of Information Act or your state’s equivalent), records-retention schedules, or accessibility requirements, and these Terms should be read together with any written agreement between Tapawingo Labs Inc. and the institution. That agreement controls if there is a conflict.
26. Apple iOS & app stores
If you use a bandMajor application obtained from an app store, these Terms are between you and Tapawingo Labs Inc., not the store. The store has no obligation to provide maintenance or support and is a third-party beneficiary of these Terms only to the extent its own terms require. You represent that you are not barred from using the app under applicable export laws.
27. Assignment; force majeure; severability; waiver; entire agreement
You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets with notice to you. Neither party is liable for delays caused by events beyond its reasonable control. If any provision is found unenforceable, the rest remains in effect, and the provision will be enforced to the maximum extent permitted. A failure to enforce a provision is not a waiver. These Terms, the Privacy Policy, and any written agreement between Tapawingo Labs Inc. and your organization are the entire agreement about the Service.
28. Termination
You may stop using the Service and delete your account at any time (the Privacy Policy describes what happens to data, including your right to request erasure). We may suspend or terminate access for violations of these Terms, risk to other users, legal requirements, or discontinuation of the Service. Sections that by their nature should survive termination, including 7 (license during retention), 12, and 18 through 27, survive.
29. No spam
You may not use the Service to send unsolicited bulk messages. Communication tools exist so programs can reach their own members and voluntary subscribers, and public-page subscriptions use confirmed (double) opt-in with working unsubscribe.
30. Questions & contact
Tapawingo Labs Inc., Virginia, USA · legal@bandmajor.com (legal) · support@bandmajor.com (support). We are happy to answer questions about these Terms in plain English.