Article 1. Introduction

Band in Tour ("we", "us", "our") is operated by IOCOS di G.C. (P.IVA 02758080804), Via F. Baracca traversa De Salvo 158, 89123 Reggio Calabria, Italy, and developed under the Sunakoma project. The platform is available at bandintour.com (the "Platform"), a live music discovery and networking tool for bands, venues, promoters and the general public.

By accessing or using the Platform in any capacity, you confirm that you have read, understood and agreed to these Terms of Use. If you do not agree, do not use the Platform.

These Terms may be updated to reflect changes in our services or applicable law. Registered users will be notified by email of material changes. Continued use of the Platform after the effective date of any update constitutes acceptance of the revised Terms. Material changes that adversely affect your rights as a paying consumer will not apply retroactively to subscriptions already purchased.

Article 2. Definitions

• Agreement: these Terms of Use together with our Privacy Policy and Cookie Policy.
• Platform: the Band in Tour website, including all pages, features and services available at bandintour.com.
• Services: all functionalities made available through the Platform, as described in Article 5.
• User: any natural person accessing the Platform, whether as a visitor or as a registered account holder.
• Visitor: a User who browses the Platform without a registered account.
• Registered User: a User who has created and maintains an account on the Platform (band, venue or promoter).
• Consumer: a Registered User acting outside their trade, business, craft or profession, within the meaning of Art. 3 of Directive 2011/83/EU and Art. 3 of the Italian Consumer Code (D.lgs. 206/2005).
• Profile: the dedicated account and public page of a Registered User on the Platform.
• Content: any material published or made available by a User on the Platform, including event details, profile information, photos, descriptions, links and other media.
• Pro Membership: a paid subscription that unlocks extended features for Registered Users, as described in Article 9.
• Boost: a paid feature that increases the visibility of a specific event in the Platform's ranking, as described in Article 9.
• GDPR: Regulation (EU) 2016/679.
• DSA: Regulation (EU) 2022/2065 (Digital Services Act).

Article 3. Who Can Use the Platform

The Platform is designed for:

• Visitors: anyone who browses the map and event listings. No account is required to discover events.
• Bands and solo artists: register to publish their live events, manage their public profile and connect with venues and promoters.
• Venues and live music spaces: register to display their location and calendar, and to be discovered by bands and promoters.
• Promoters: register to publish and manage events, and to be discovered by bands and venues.

You must be at least 16 years old to create an account, in line with GDPR Art. 8 as implemented in Italy. The Platform is not directed at minors. If we become aware that a minor has registered, we will delete the account without notice.

You confirm that the information you provide at registration is accurate and that you are authorised to act on behalf of any band, company or organisation you represent.

Article 4. Accessing the Platform

By accessing the Platform, all Users confirm that they:

• Have read and agreed to these Terms.
• Will not access the Platform fraudulently or in a manner intended to disrupt, damage or interfere with its operation.
• Will not introduce viruses, malware, Trojan horses, worms, logic bombs or any other harmful code.
• Will not attempt to gain unauthorised access to any part of the Platform, its servers, or any system connected to it.

We reserve the right to restrict, suspend or terminate access to the Platform at any time, including for maintenance, security reasons or violations of these Terms, in a manner proportionate to the underlying ground and consistent with Article 10 below and Article 10bis.

Article 5. Description of Services

5.1 For Visitors

• Browse the live event map by date and location.
• View public profiles of bands, venues and promoters.
• Access static information pages about the platform.

Visitors do not create accounts and do not submit personal data beyond what is collected automatically through technical cookies and server logs (see our Privacy Policy).

5.2 For Registered Users (bands, venues, promoters)

• Create and manage a public profile (alias, bio, city, genre, social links, avatar).
• Publish, edit and delete live music events on the map (subject to admin moderation under Article 10bis).
• Be linked to events as a band, venue or promoter, contributing to the event's visibility in the ranking algorithm described in Article 5.4.
• Set available dates on your calendar, visible to other Registered Users in the Live Music Club. Publication of availability dates on the Live Music Club Agenda is reserved to Pro Members.
• Support events published by other users (public vote of confidence).
• Report abusive Content or Profiles through the dedicated report button.
• Purchase Event Boosts (when payments are activated; see Article 9).
• Upgrade to Pro Membership for extended features (when payments are activated; see Article 9).

5.3 Newsletter and recommendations

Registered Users may opt in to a biweekly recommendations newsletter and receive admin-composed newsletters. Both can be disabled at any time from Profile > Settings or via the unsubscribe link in any email, as detailed in Article 18.

5.4 Ranking transparency

In accordance with Article 27 DSA, the main parameters used by our ranking algorithm are public and disclosed within the Platform. They include: number of linked profiles on an event, number of support votes received, recent activity, applicable Boost tier (when active) and the crowdfunding badge. We do not use opaque criteria. The relative weighting may be adjusted over time to improve user experience and combat manipulation; changes are documented on the Platform.

Article 6. Registration and Account Security

To register, you must provide a valid email address, a unique public alias and a password. You are responsible for:

• Maintaining the confidentiality of your login credentials. Do not share your password with anyone.
• All activity that occurs under your account, except where you have promptly reported unauthorised access.
• Notifying us immediately at support@bandintour.com if you suspect unauthorised access to your account.
• Keeping your profile information accurate and up to date.

You may only hold one account per person or organisation. Creating multiple accounts to circumvent a suspension or ban is prohibited.

Article 7. Code of Conduct

You are solely responsible for your conduct on the Platform. The following are expressly prohibited:

• Publishing false, fictitious or misleading events, profiles or information.
• Publishing events you have no direct involvement in, unless acting as an authorised promoter.
• Impersonating any person, band, organisation or entity.
• Posting Content that is unlawful, defamatory, discriminatory, hateful, obscene, violent or that violates the rights of any third party.
• Publishing third-party copyrighted material (photos, logos, recordings) without authorisation.
• Using the Platform to solicit personal data, send spam or conduct phishing.
• Using automated tools, bots, scrapers or crawlers to access, collect or index data from the Platform without our written consent.
• Reverse engineering, decompiling or disassembling any part of the Platform, except where such acts are mandatorily permitted by Directive (EU) 2009/24/EC or national equivalents.
• Interfering with or disrupting the Platform's infrastructure, servers or other users' access.
• Using the Platform or any data obtained from it to train artificial intelligence or machine learning models without our explicit written consent. Where applicable, we expressly reserve our rights under Art. 4(3) of Directive (EU) 2019/790 (text-and-data mining opt-out).
• Using the Platform for commercial purposes unrelated to live music (advertising, pyramid schemes, data harvesting, etc.).

We are not subject to a general monitoring obligation under Article 8 DSA, but we operate a notice-and-action mechanism and reserve the right to act on any reported violation, including removing Content and suspending accounts, as described in Article 10bis.

Article 8. Content and Intellectual Property

8.1 Platform intellectual property

The Band in Tour name, logo, design, code, database structure, ranking algorithm and all related materials ("Platform IP") are the exclusive intellectual property of IOCOS di G.C. or of their respective rights holders, and are protected by applicable intellectual property law. You may not reproduce, modify, distribute or exploit any Platform IP without our prior written consent.

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Platform solely for its intended purpose and in accordance with these Terms.

8.2 Your content

You retain ownership of the Content you publish on the Platform (event descriptions, photos, profile information, etc.). By publishing Content, you grant Band in Tour a worldwide, royalty-free, non-exclusive licence to host, display, reproduce, adapt for technical formatting and distribute that Content on the Platform and in connection with its promotion, for as long as the Content remains published and for a reasonable period thereafter strictly necessary to operate backups and comply with legal obligations.

You represent and warrant that:

• You own or have all necessary rights and authorisations for the Content you publish.
• Your Content does not infringe any third party's intellectual property, privacy or other rights.
• Your Content does not violate any applicable law or these Terms.

You agree to indemnify Band in Tour against any claim brought by a third party arising from a breach of the above warranties, subject to the limits set out in Article 14.

8.3 Content visible to other users

Information published on your public Profile (name, alias, city, bio, genre, social links, event history) is visible to all visitors and registered users. Availability dates are visible to registered users; the Live Music Club Agenda is restricted to Pro Members. Support actions are publicly counted. You are responsible for what you choose to make public.

8.4 Intellectual property claims

If you believe that Content published on the Platform infringes your intellectual property rights, contact us at legal@bandintour.com with a precise identification of the infringing material, your contact details, the legal grounds for your claim and a good-faith statement that the use is unauthorised. We will investigate and act in accordance with Articles 16 and 17 DSA.

Article 9. Paid Services

Paid Services are not yet active on the Platform. The provisions of this Article will apply from the date on which Pro Membership and Event Boost are made purchasable. You will be informed in advance, and these Terms together with the Privacy Policy will be updated where necessary.

9.1 Event Boost

Any Registered User may purchase a Boost for a specific event to increase its visibility in the Platform's ranking. Three tiers will be available: Spark, Boost and Top. Pricing, duration and the specific visibility multiplier are displayed before purchase. Boosts are tied to a specific event and expire at the event date or at the end of the purchased period, whichever comes first.

9.2 Pro Membership

Pro Membership is a recurring paid subscription that unlocks extended features, including: extended event discovery window (up to 365 days), publication of availability dates in the Live Music Club Agenda, advanced search filters and event flier upload. Membership renews automatically unless cancelled before the renewal date. You may cancel at any time from your account settings. Cancellation takes effect at the end of the current billing period; the Service remains accessible until that date.

9.3 Payment processing

All payments will be processed by our payment provider Stripe (Stripe Payments Europe Limited). We do not store your card details. By completing a purchase you also agree to Stripe's terms of service. All prices are shown inclusive of applicable VAT, in Euro.

9.4 Right of withdrawal and waiver (Consumers)

Under Articles 9–11 of Directive 2011/83/EU, as implemented in Italy by Articles 52–53 of the Consumer Code (D.lgs. 206/2005), Consumers have the right to withdraw from a contract for digital content or services concluded at distance within 14 days from the conclusion of the contract, without giving any reason and without incurring any costs other than those expressly provided by law.

However, because Pro Membership and Event Boosts are digital services that begin to be performed immediately upon purchase and that you wish to access without delay, at checkout you will be required to:

• (i) expressly request that performance of the service begin immediately, during the 14-day withdrawal period; and
• (ii) expressly acknowledge that, once the service has been fully performed, you will lose your right of withdrawal under Article 16(m) of Directive 2011/83/EU and Article 59(1)(o) of the Italian Consumer Code.

By ticking the dedicated checkbox at checkout (which is unticked by default and which is required to complete the purchase), you give the express prior consent and acknowledgement required by those provisions, and you accept that:

• For Event Boosts, the service is fully performed as soon as the Boost is activated on the event; from that moment the right of withdrawal is lost.
• For Pro Membership, the service begins immediately upon activation; if you withdraw within the 14-day period after activation, you will owe an amount proportionate to the part of the service already supplied up to the date on which you inform us of the withdrawal, in accordance with Article 14(3) of Directive 2011/83/EU.

To exercise your right of withdrawal where still available, send an unequivocal statement to legal@bandintour.com. Refunds, where due, are issued via the same means of payment used for the purchase, within 14 days of receipt of your withdrawal notice.

9.5 Statutory conformity guarantee

The conformity rights granted to Consumers under Directive (EU) 2019/770 on digital content and services (implemented in Italy by D.lgs. 173/2021) apply to Pro Membership and Event Boosts. If the paid service is not in conformity with the Agreement, you may request that conformity be brought about, a proportionate price reduction or termination of the contract, as provided by law.

Article 10. Sanctions for Violations

If we reasonably believe that you have breached these Terms or applicable law, we reserve the right, with prior reasoned notice where feasible and proportionate, to:

• Reject or cancel your registration on the Platform.
• Temporarily suspend your Profile.
• Permanently close your Profile.
• Remove any Content you have published, temporarily or permanently.
• Terminate your access to all Services.
• Disclose relevant information to competent judicial or administrative authorities where required by law.

Suspensions and content restrictions are subject to the procedural safeguards set out in Article 10bis. In urgent cases involving illegal content, imminent harm to users or violations of fundamental rights, restrictions may be applied without prior notice; the affected user will receive the statement of reasons immediately after the measure is taken.

Article 10bis. Content Moderation, Notice-and-Action and Appeals (DSA)

Band in Tour qualifies as a hosting service provider under the Digital Services Act and complies with the obligations applicable to micro-enterprises. We do not reach 45 million average monthly active recipients in the EU and are therefore not designated as a Very Large Online Platform.

10bis.1 Notice-and-action mechanism

Any user or third party may report illegal Content or violations of these Terms through the report button available on every event page and public profile, or by writing to legal@bandintour.com. To allow a precise assessment, your notice should include: a sufficiently substantiated explanation of why the Content is considered illegal or in breach of these Terms, the exact URL or clear identification of the Content, your name and contact email (anonymous notices may be accepted but processed with lower priority), and a good-faith statement that the information provided is accurate. Submitting notoriously inaccurate or abusive notices is itself a breach of these Terms.

10bis.2 Pre-publication moderation

Every event submitted to the Platform is reviewed by an administrator before going public. Approval, rejection or removal decisions are taken on the basis of these Terms, applicable law and the principles of necessity and proportionality.

10bis.3 Statement of reasons

Where we restrict the visibility of Content, suspend or terminate a Service, or restrict an account, the affected Registered User will receive a clear and specific statement of reasons, identifying the measure taken, the facts and circumstances relied upon, the legal or contractual ground invoked, and information on available redress mechanisms.

10bis.4 Internal appeal

You may challenge any moderation decision by writing to legal@bandintour.com within 6 months of receiving the statement of reasons. Appeals are reviewed by a person who did not take the original decision and are decided within 30 days. Decisions taken under the internal appeal are not based solely on automated means.

10bis.5 Out-of-court dispute settlement and judicial remedies

If you are not satisfied with the outcome of the internal appeal, you may submit the dispute to a certified out-of-court dispute settlement body under Article 21 DSA, or seek judicial redress. You may also lodge a complaint with the Italian Digital Services Coordinator (AGCOM).

10bis.6 Single point of contact

Our single point of contact for Member State authorities, the European Commission, the European Board for Digital Services and users under Articles 11 and 12 DSA is legal@bandintour.com. Working languages: English and Italian.

10bis.7 Transparency reporting

In accordance with our obligations as a small online platform, we publish a yearly transparency report summarising the number of notices received, removals performed, internal appeals filed and their outcomes. The report is available from the footer of the Platform.

Article 11. Account Closure

You may delete your account at any time from your profile settings. Alternatively, submit a deletion request to support@bandintour.com.

Upon deletion, your public profile and all associated events are removed from the Platform within 30 days. Some data may be retained in a restricted archive for the period required by applicable law (see our Privacy Policy for retention periods). Account deletion is permanent and cannot be undone. Pending or completed payments are not refunded by virtue of deletion alone; the right of withdrawal under Article 9.4 applies independently.

Article 12. Platform Security and Availability

We make every effort to maintain the security, availability and integrity of the Platform. However, we cannot be held responsible for errors, interruptions or unavailability caused by circumstances beyond our reasonable control, including internet outages, third-party infrastructure failures, cyberattacks or force majeure events.

We reserve the right to modify, suspend or discontinue any non-essential part of the Platform at any time. Where such modifications materially affect a paid Service already purchased, Pro Members will be informed in advance and, where required by Directive (EU) 2019/770, will be entitled to terminate the contract for that Service free of charge.

Article 13. Disclaimer and Limitation of Liability

The Platform and its Services are provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, other than those that cannot be excluded under applicable law, in particular the statutory guarantees granted to Consumers under EU and Italian law.

Band in Tour does not verify the accuracy of event information posted by users and is not responsible for cancelled, postponed, incorrectly described or fraudulent events. Always verify event details directly with the organiser.

To the fullest extent permitted by applicable law, Band in Tour shall not be liable for any indirect, incidental, special, consequential or punitive damages arising from your use of or inability to use the Platform. Where liability cannot be excluded by law, our total aggregate liability shall not exceed the amount paid by you for the Services in the 12 months preceding the event giving rise to the claim, or fifty euro (€50) where you have not made any payment.

Nothing in these Terms limits or excludes our liability for gross negligence, wilful misconduct, death or personal injury caused by our negligence, or any other liability that cannot be limited or excluded under mandatory Italian or EU law.

Article 14. Indemnity

You agree to indemnify, defend and hold harmless Band in Tour and its representatives from any and all claims, liabilities, damages, costs and expenses (including reasonable legal fees) arising from: (a) your breach of these Terms or any applicable law; (b) Content you have published on the Platform; or (c) any third-party claim related to your use of the Services. This indemnity does not apply where, and to the extent that, the claim arises from our own fault or where mandatory consumer protection law prohibits such indemnification.

Article 15. Third-Party Links

Profiles on the Platform may contain links to external websites (social media, streaming services, artist websites, ticket vendors). We do not endorse, verify or take responsibility for any third-party content or services. Access to third-party sites is at your own risk and subject to their own terms and privacy policies.

Article 16. Personal Data

The processing of personal data in connection with your use of the Platform is governed by our Privacy Policy, which forms part of this Agreement. By using the Platform, you acknowledge that you have read and understood the Privacy Policy.

Article 17. Severability

If any provision of these Terms is found to be invalid, unlawful or unenforceable under applicable law, it will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions will continue in full force and effect.

Article 18. Personalised Recommendations and Newsletter

18.1 Recommended for you

Registered Users may optionally set interest preferences (cities, genres and band type) to receive a personalised feed of profiles ("Recommended for you"). This feature is entirely optional and based on your consent. Interest data can be updated or deleted at any time from Profile > Settings. In accordance with Article 27 DSA, the main parameters that determine the recommendations (your selected cities, genres and band type filter) are transparently disclosed; we offer non-profiling alternative views of the Platform (the public map and search by city, genre and date).

18.2 Recommendations newsletter and admin newsletters

If you opt in, we will send you a biweekly email summarising new profiles and activity that match your interest preferences, and occasional admin-composed newsletters relevant to the live music community. Each email contains a one-click unsubscribe link and the option can also be disabled from Profile > Settings. Opting in to the newsletter does not constitute consent to receive unrelated commercial communications.

18.3 No profiling for advertising

Interest data is used exclusively to generate personalised recommendations within the Platform and the opt-in newsletter described above. It is not sold, shared with third parties, or used for targeted advertising. Should we ever introduce optional advertising (see the Cookie Policy regarding the planned future activation of Google AdSense), we will not use sensitive categories of personal data for targeting and will not show targeted advertising to minors, as required by Articles 26 and 28 DSA.

Article 19. Assignment

You may not transfer or assign your rights under these Terms to any third party. We may assign or transfer our rights and obligations under these Terms, for example in the context of a corporate reorganisation or transfer of the platform, provided that such transfer does not adversely affect your rights under applicable consumer protection law. We will notify Registered Users of any such transfer.

Article 20. Governing Law and Dispute Resolution

20.1 Governing law

These Terms are governed by Italian law. If you are a Consumer resident in the European Union, you also benefit from the mandatory consumer-protection provisions of the law of your country of residence, which these Terms cannot derogate from.

20.2 Informal resolution

Before initiating any formal proceedings, we encourage you to contact us at legal@bandintour.com to attempt to resolve the dispute informally. We will respond within 30 days and work in good faith toward a resolution.

20.3 EU Online Dispute Resolution

If you are a Consumer resident in the EU and we are unable to resolve a dispute informally, you may use the European Commission's Online Dispute Resolution (ODR) platform, available at ec.europa.eu/consumers/odr. Our contact email for ODR purposes is legal@bandintour.com.

20.4 Out-of-court dispute settlement under the DSA

Disputes concerning content moderation decisions may be submitted to a certified out-of-court dispute settlement body under Article 21 DSA, in addition to or in place of the internal appeal mechanism described in Article 10bis.

20.5 Jurisdiction

Any dispute not resolved through the above mechanisms shall be subject to the exclusive jurisdiction of the competent court of Reggio Calabria, Italy. Consumers resident in another EU Member State retain the right to bring proceedings before, and to be sued only in, the courts of their place of residence, as required by Regulation (EU) 1215/2012.

Article 21. Changes to These Terms

We may update these Terms at any time. We will notify Registered Users by email of any material changes at least 15 days in advance, where reasonably possible, and update the version date at the top of this page. If you do not agree with the updated Terms, you may terminate your account before the effective date. Continued use of the Platform after the effective date constitutes acceptance of the revised Terms.

Article 22. Contact

• General support: support@bandintour.com
• Legal, IP claims and DSA single point of contact: legal@bandintour.com
• Privacy requests: privacy@bandintour.com
• Postal address: IOCOS di G.C., Via F. Baracca traversa De Salvo 158, 89123 Reggio Calabria, Italy  ·  P.IVA 02758080804