Terms of Service

1. Agreement to these Terms

These Terms of Service (“Terms”) are a binding agreement between you and AI TECH AV LLC (“SongBash,” “we,” “us,” or “our”), which operates the SongBash website and service at songbash.app(the “Service”). By accessing or using the Service — whether as a Guest (someone who requests songs and/or tips) or as a DJ (someone who runs sessions and receives tips) — you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

Please read Section 14 (Dispute Resolution & Binding Arbitration) carefully — it requires most disputes to be resolved by individual binding arbitration and waives your right to a jury trial and to participate in class actions.

2. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are 18 or older, that the information you provide is accurate, and that your use complies with all applicable laws.

3. What SongBash is (and is not)

SongBash is a technology platform that lets Guests send song requests and optional tips to DJs at live events, and lets DJs manage those requests and receive tips. SongBash is not the DJ, the event organizer, or a party to the underlying interaction between a Guest and a DJ. We do not control and are not responsible for: whether a DJ plays any requested song, the conduct or performance of any DJ or Guest, the events themselves, or the quality of any experience. DJs are independent operators, not employees or agents of SongBash.

4. Events, Venues, and Assumption of Risk

SongBash does not organize, host, own, control, staff, supervise, or insure any event or venue, and is not responsible for anything that occurs at an event or venue. You participate in events and interact with DJs, venues, and other guests entirely at your own risk. To the maximum extent permitted by law, you assume all risks associated with attending events and using the Service in a live-event setting, and you release and discharge SongBash and its owners, officers, employees, and agents from any and all claims, demands, and damages arising out of or relating to any event, venue, or the acts or omissions of any DJ, guest, venue, organizer, or other third party.

5. Accounts

• DJ accounts. DJs register with an email and password (or supported sign-in provider) and must connect a payment account via our payment processor to receive tips. You are responsible for your credentials and all activity under your account, and for the accuracy of your account and payout information.
• Guest accounts (optional). Guests may use the Service without an account. A Guest may optionally create a lightweight account (e.g., via an emailed sign-in link) to track their activity and see upcoming events. You are responsible for activity under any account you create.
• We may suspend or terminate any account that violates these Terms, is used abusively, or as otherwise described in Section 16.

6. Payments, Tips, and Fees

• Processor. Payments are processed by Stripe, Inc.and are subject to Stripe’s terms. By making or receiving payments, you agree to the applicable Stripe agreements. Card details are handled by Stripe; SongBash does not store full card numbers.
• How tips work. When a Guest submits a tipped request, a temporary authorization (hold) is placed on their payment method. The Guest is only charged if the DJ accepts the request. If the DJ declines, or the session ends without acceptance, the hold is released and the Guest is not charged.
• Platform fee. SongBash charges a service/platform fee on tipped transactions (disclosed in-product; a default of 5% plus payment-processing costs unless otherwise stated). By using the Service you authorize us to deduct this fee.
• Payouts.Tips (net of fees) are routed to the DJ’s connected payment account by the processor. SongBash does not hold Guest or DJ funds beyond what is necessary to route them through the processor.
• Not a money transmitter. SongBash is not a bank, money transmitter, money services business, payment processor, or escrow agent, and does not take custody, possession, or control of Guest or DJ funds at any time. All authorization, capture, holding, and transfer of funds is performed by Stripe under the applicable Stripe and Stripe Connect agreements; SongBash only instructs the processor and receives its platform fee. SongBash does not guarantee any payout and is not responsible for delays, holds, reversals, or errors by the processor or by your financial institution.
• Taxes. DJs are solely responsible for determining, collecting, reporting, and remitting any taxes on tips they receive. SongBash is responsible only for its own taxes on its platform fees.
• Refunds & chargebacks. Because Guests are charged only on DJ acceptance, most refund scenarios are avoided by design. Except where required by law or expressly stated, tips are non-refundable once captured. You agree not to initiate fraudulent chargebacks; abusive chargeback activity may result in account termination.

7. Acceptable Use

You agree not to: (a) use the Service for any unlawful, harassing, hateful, threatening, or fraudulent purpose; (b) submit requests or content that is illegal, obscene, defamatory, or infringing; (c) interfere with, disrupt, or attempt to gain unauthorized access to the Service or its systems; (d) use bots, scrapers, or automated means except as expressly permitted; (e) circumvent fees, rate limits, or security features; or (f) impersonate any person or misrepresent your affiliation. We may remove content and suspend access for violations.

8. User Content

You retain ownership of content you submit (e.g., song requests, nicknames, notes). You grant SongBash a worldwide, non-exclusive, royalty-free license to host, use, reproduce, and display that content solely to operate, provide, and improve the Service. You are responsible for your content and represent that you have the rights to submit it. SongBash does not host or stream music; song requests are text references only.

9. Intellectual Property

The Service, including its software, design, branding, and content (excluding User Content), is owned by SongBash or its licensors and protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for its intended purpose. You may not copy, modify, distribute, sell, or reverse-engineer any part of the Service except as permitted by law.

10. Third-Party Services

The Service relies on third parties (including Stripe for payments and other infrastructure and email providers). Your use of those features may be subject to the third party’s terms, and SongBash is not responsible for third-party services.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SONGBASH DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY REQUESTED SONG WILL BE PLAYED. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SONGBASH AND ITS OWNERS, OFFICERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SONGBASH’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL PLATFORM FEES YOU PAID TO SONGBASH IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13. Indemnification

You agree to indemnify, defend, and hold harmless SongBash and its owners, officers, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms or applicable law; (c) your content; or (d) your interactions or transactions with any other user.

14. Dispute Resolution & Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

• Informal resolution first (required). Before starting arbitration or any other proceeding, you must first send a written Notice of Dispute to support@songbash.app describing the claim and the specific relief sought, and the parties agree to attempt in good faith to resolve the dispute individually for at least sixty (60) days. This informal-resolution process is a condition precedent to commencing arbitration; the applicable statute of limitations and any arbitration-fee deadlines are tolled while it is pending. A Notice of Dispute must be individualized; mass or templated notices submitted on behalf of multiple claimants do not satisfy this requirement.
• Agreement to arbitrate. Except for the exceptions below, you and SongBash agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration, rather than in court. This includes disputes about the formation, interpretation, or enforceability of this arbitration agreement.
• Rules & forum. The arbitration will be administered by the American Arbitration Association (AAA) under its then-current consumer/commercial arbitration rules. The arbitration will be conducted in Placer County, California, or by video/telephone where permitted, and the arbitrator’s award may be entered in any court of competent jurisdiction.
• Class-action waiver. You and SongBash agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims.
• Jury-trial waiver. You and SongBash waive any right to a jury trial.
• Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in court to protect intellectual-property or unauthorized-access rights.
• Public injunctive relief preserved. Nothing in this Section waives any right to seek public injunctive relief — relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public — to the extent that right is not waivable under applicable law. If a claim for public injunctive relief is asserted, that claim alone will be severed and stayed in a court of competent jurisdiction pending the binding arbitration of all other claims, which will proceed first.
• Severability; class-waiver is non-severable. If any part of this Section other than the class-action waiver is found unenforceable, that part will be severed and the remainder enforced. The class-action waiver, however, is non-severable from the agreement to arbitrate: if the class-action waiver is found unenforceable as to a claim or request for relief, then only that claim or request for relief will be severed from arbitration and decided by a court of competent jurisdiction on an individual basis, and no class, collective, or representative arbitration will proceed under any circumstances.
• Coordinated / batch arbitration.If 25 or more Notices of Dispute or demands for arbitration are submitted against SongBash by or with the coordination or assistance of the same or common counsel or organization, the parties agree the demands will be administered under the AAA Mass Arbitration Supplementary Rules (or the AAA’s then-current rules and fee schedule for multiple or coordinated filings), and may be grouped into batches of up to 50 for staged, bellwether resolution before a single arbitrator per batch, to promote efficiency and reduce fees. Arbitration-fee obligations are assessed consistently with those rules.
• 30-day opt-out. You may opt out of this arbitration agreement by emailing support@songbash.app within thirty (30) days of first accepting these Terms, stating your name and intent to opt out. Opting out does not affect the rest of these Terms.
• Governing law. These Terms and any dispute are governed by the laws of the State of California, USA, without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions.

15. Changes to the Service or Terms

We may modify the Service or these Terms at any time. If we make material changes to these Terms, we will update the “Last updated” date and, where appropriate, provide additional notice. Your continued use after changes take effect constitutes acceptance.

16. Suspension & Termination

We may suspend or terminate your access at any time, with or without notice, for conduct we believe violates these Terms or is harmful to other users, us, or third parties. You may stop using the Service at any time; Guests may delete an optional account from within the Service. Sections that by their nature should survive termination (including Payments already made, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution) will survive.

17. Miscellaneous

These Terms, together with the Privacy Policy, are the entire agreement between you and SongBash regarding the Service. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

• Non-waiver of statutory rights. Nothing in these Terms limits or waives any right or remedy that cannot be limited or waived under applicable law; any limitation, disclaimer, or waiver in these Terms applies only to the maximum extent permitted.
• Copyright / DMCA. If you believe content on the Service infringes your copyright, send a notice containing the information required by 17 U.S.C. §512(c)(3) to our designated agent at support@songbash.app.

18. Contact

Questions about these Terms: support@songbash.app · AI TECH AV LLC.