MySetlist

Terms of Use

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Version: 0.5 (draft)

Last updated: [DATE]

Effective from: [DATE]

1. Who we are

MySetlist ("MySetlist", "we", "us", "our") is operated by:

2. What these terms cover

These Terms of Use ("Terms") govern your use of the MySetlist website, web application, MySetlist Bridge, the MySetlist Song Sections Exporter, and any related tools, APIs, or companion software (together, the "Service").

By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Our [Privacy Policy] forms part of these Terms and explains how we handle personal data.

2.1 Consumers and business users

These Terms apply to both:

Where a clause applies only to consumers, it says so. Mandatory Dutch and EU consumer protection law always takes precedence over these Terms for consumers, and nothing here limits rights you have that cannot be waived by contract.

3. Definitions

4. Eligibility and your Account

  1. You must be at least 16 years old to create an Account.
  1. If you are under 18, you may only take out a paid Plan with the consent of your parent or legal guardian. By subscribing, you confirm you have that consent. We may ask for confirmation and may suspend a paid Plan if consent is not forthcoming.
  1. You must provide accurate registration details and keep them up to date.
  1. You are responsible for keeping your login credentials confidential and for all activity under your Account.
  1. Notify us without undue delay at support@mysetlist.app if you suspect unauthorised access.
  1. One Account is for one person. You may give band members or clients access to an Artist only through the sharing and linking features we provide. Sharing a single set of login credentials among multiple people is not permitted.

5. Plans, limits, and fair use

  1. The Service is offered on a free Plan and one or more paid Plans. Current features, prices, Artist limits, and storage limits are shown on our pricing page, which forms part of these Terms.
  1. We apply two technical limits per Plan: the number of Artists your Account may hold, and the total storage your Content may occupy. Clause 15 explains exactly what happens when either limit is exceeded.
  1. Fair use. Even where a Plan is described as generous or unmetered, we may contact you and agree reasonable adjustments if your usage is substantially and persistently out of proportion to comparable users — for example, sustained bandwidth consumption that materially affects the Service for others.
  1. We may change the features included in a Plan. For paid Plans, if a change materially reduces the value of the Plan you are paying for, we will give you at least [30] days' notice by email, and you may cancel with effect from the date the change takes effect and receive a pro-rata refund of any prepaid, unused period.

6. Your Content

6.1 You keep ownership

You retain all rights in your Content. We do not claim any ownership of your stems, recordings, compositions, sheet music, arrangements, or performances.

6.2 The licence you give us

To operate the Service, you grant us a limited, worldwide, non-exclusive, royalty-free licence to host, store, copy, cache, transmit, encode, transcode, and display your Content — but only to the extent necessary to:

This licence ends when you delete the Content or close your Account, except for copies retained in routine backups for the period described in clause 15.

6.3 What we will not do

We will not sell your Content, license it to third parties, make it publicly available, or use it to train machine learning or AI models.

6.4 Your Content is private

The Service is designed for private use by you, your band, and people you explicitly give access to. We do not publish your Content and Artist pages are not publicly accessible. You are responsible for who you grant access to.

6.5 Rights warranty

You confirm that, for all Content you upload, you either own the necessary rights or hold a valid licence permitting you to store and use that Content in the Service. This includes stems, backing tracks, and sheet music of works written by others, and Content you upload on behalf of a client.

Storing a work in MySetlist does not grant you any performance, synchronisation, mechanical, or reproduction rights. If you perform a work in public, you remain solely responsible for the necessary clearances and reporting, including to collecting societies such as Buma/Stemra in the Netherlands.

6.6 Removal

If we receive a substantiated claim that Content in your Account infringes someone's rights, or if we become aware of Content that clearly breaches clause 7, we may remove or disable access to it.

Where we lawfully can, we will tell you what we removed and why, and you may object by writing to support@mysetlist.app. We will consider objections in good faith and may reinstate Content at our discretion, but we do not guarantee reinstatement.

7. Acceptable use

You must not:

1. upload Content you have no right to store or use;

  1. use the Service for anything unlawful, or to store material that is unlawful under Dutch law or under the law of the country in which you are located or from which you use the Service;
  1. attempt to gain unauthorised access to the Service, other accounts, or our infrastructure;
  1. probe, scan, or test the vulnerability of the Service without our prior written permission (see clause 7.1);

5. circumvent Plan limits, billing, authentication, or storage quotas;

  1. provide the Service to third parties as your own product, or resell it under your own branding, except as permitted under clause 8;

7. use automated means to place unreasonable load on the Service;

  1. reverse engineer, decompile, or disassemble any part of the Service, except to the extent this cannot be excluded under mandatory law.

7.1 Security research

We welcome good-faith security reports. If you believe you have found a vulnerability, email security@mysetlist.app and give us a reasonable opportunity to fix it before disclosing it. We will not pursue action against researchers who act in good faith, avoid privacy violations and service disruption, and do not exfiltrate data.

8. Using MySetlist on behalf of clients

This clause applies if you are a playback engineer, musical director, production company, or other service provider using MySetlist to prepare shows for clients.

  1. This is permitted. You may use your Account to create and manage Artists on behalf of your clients, and you may charge your clients for that work, including a recurring fee. Your commercial arrangement with your clients is yours alone.
  1. You remain our customer. Your contract is with us; your clients' contracts are with you. We have no contractual relationship with your clients in respect of your Plan.
  1. You are responsible for your clients' Content. Clause 6.5 applies in full. You confirm you have your clients' authority to upload, store, and process their Content.
  1. You must not present the Service as your own. You may tell clients you use MySetlist. You may not rebrand it, remove our branding, or represent that you developed it.
  1. Your clients depend on your Account. If your Account is cancelled, suspended, or falls out of good standing, Artists in your Account will be Locked, and after the period in clause 15.3 they will be deleted. You are responsible for informing your clients and for keeping them supplied with copies of their own material.
  1. Export during normal use is yours alone. While your Account is in good standing, only you can export Content from Artists you hold. Your clients cannot export it themselves. If a client needs a copy of their material, you must export it and provide it to them.
  1. If your Account lapses, your clients can rescue their own material. Once an Artist becomes Locked and read-only under clause 15.1, Linked Accounts with access to it can export its data. This is a safeguard against material being lost, and it means a client may take their Artist to another Account. Keeping your Account in good standing is the way to avoid this.
  1. Support. Your clients use MySetlist too, so we support them directly for problems caused by the Service itself — bugs, outages, playback faults, or account access issues on our side. We do not provide first-line support to your clients for your own configuration, your Content, your Plan, your billing, or your commercial arrangement with them. Those remain your responsibility.
  1. We may offer a dedicated plan for this use. If we do, its specific terms will apply alongside these Terms.

9. MySetlist Bridge

  1. The Bridge is macOS only. It does not run on Windows, Linux, iOS, or Android, and we do not undertake to make it available on those platforms. Minimum supported macOS version: [VERSION].
  1. The Bridge is free to download and use. It requires an Account and an active Plan that includes Bridge access.
  1. We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the Bridge on Apple computers you control, for as long as your Account is in good standing.
  1. The Bridge connects to your audio hardware and to our servers. It requires you to be logged in.
  1. The Bridge may check for and install updates automatically. Some updates may be required for continued compatibility with the Service.
  1. Your use of the Bridge is subject to these Terms in full, including clause 11.
  1. The Bridge includes third-party open-source components licensed under their own terms. A list is available at [LINK TO LICENCES].

10. MySetlist Song Sections Exporter

  1. The Exporter is a free to download and use Max for Live device that exports song section, tempo, and time signature data from Ableton Live's arrangement view to a JSON file for import into MySetlist.
  1. The Exporter requires Ableton Live 11 or higher, with Max for Live. We do not guarantee that the Exporter works with earlier versions. You must hold your own licence for that software; we do not supply it and are not responsible for it.
  1. We are not affiliated with, endorsed by, or sponsored by Ableton AG or Cycling '74. "Ableton", "Ableton Live", "Max", and "Max for Live" are trademarks of their respective owners.
  1. The Exporter is provided as-is. We do not warrant that it will remain compatible with future versions of Ableton Live or Max for Live, and we may discontinue it.
  1. Exported data reflects what Live reports at the moment of export. You are responsible for verifying that exported tempo and section data is correct before relying on it.
  1. Clause 17 applies to the Exporter.

11. What the Service is for

Please read this clause carefully. It defines the intended use of the Service.

  1. MySetlist is designed as a tool to prepare, organise, and rehearse shows — managing Artists, setlists, stems, sheet music, and song structure, and playing that material back during preparation and rehearsal.
  1. MySetlist is not intended, tested, or warranted as a live playback system, and must not be relied upon as the playback system for a public performance.
  1. If you nevertheless use the Service in a live context, you do so entirely at your own risk, and you must maintain an independent backup of anything the performance depends on — a separate playback device, offline copies of your stems, or printed charts. Never rely on the Service, an internet connection, or a single device as your only means of playback.
  1. We do not warrant uninterrupted playback, sample-accurate synchronisation, correct routing to any particular audio device, or compatibility with any specific audio interface, driver, operating system version, or third-party software.
  1. You are responsible for testing your setup, including device routing, channel assignment, and timecode output, before relying on it.
  1. Subject to clause 17, we are not liable for consequences arising from a performance or rehearsal being disrupted, including lost fees, cancelled bookings, venue penalties, or reputational harm.

12. Availability, maintenance and changes

  1. We aim to keep the Service available, but we do not guarantee any particular uptime level unless we have agreed one with you separately in writing.
  1. We may carry out maintenance that temporarily interrupts the Service. Where planned maintenance is likely to cause meaningful downtime, we will try to schedule it outside typical rehearsal hours and announce it in advance.
  1. The Service depends on third parties, including our hosting provider, authentication provider, content delivery network, and object storage provider. Interruptions at those providers may affect the Service.
  1. We develop the Service continuously and may add, change, or remove features. Clause 5.4 applies to material reductions on paid Plans.
  1. If we decide to discontinue the Service entirely, we will give paid subscribers at least [90] days' notice, refund any prepaid unused period, and provide a means to export Content before shutdown.

13. Prices, billing and payment

  1. Prices are shown including VAT. The price displayed on our pricing page is the total amount you pay. It does not change depending on where you are located or which VAT rate applies to your purchase.
  1. Consumers. The displayed price is the total price you pay, inclusive of all taxes, as required by Dutch and EU consumer law.
  1. Business users. The displayed price is also the total amount charged. Your invoice will show the net amount and VAT separately. Where the reverse charge mechanism applies to you, your invoice will show no Dutch VAT and will state that the reverse charge applies; the total amount payable remains the displayed price.
  1. Paid Plans are billed in advance, monthly or annually depending on the Plan you select.
  1. Payments are processed by Stripe. Available payment methods may include iDEAL, SEPA Direct Debit, and card. Stripe's own terms apply to the payment transaction.
  1. By subscribing, you authorise us (via Stripe) to charge the applicable fee on each renewal date until you cancel.
  1. VAT information. We determine VAT treatment based on your location and status. Business users may provide a valid VAT number for invoicing purposes. You are responsible for giving us accurate location and VAT information, and for telling us if it changes.
  1. Failed payments — grace period. If a payment fails, a 30-day grace period begins. Your Account continues to work normally throughout this period. We will remind you:

If payment is still outstanding on day 31, your Artists are Locked under clause 15.1.

  1. Price changes. We may change prices. For existing subscribers, we will give at least [30] days' notice by email before a change takes effect at your next renewal. If you do not accept the new price, you may cancel before it takes effect.

14. Term, renewal and cancellation

  1. Subscriptions renew automatically for successive periods equal to the initial period, unless cancelled.
  1. You can cancel at any time from your account settings. Cancellation takes effect at the end of the current paid period. You keep access until then.
  1. For consumers: after an initial fixed term has been renewed or converted to an indefinite term, you may cancel at any time with a notice period of no more than one month, in accordance with Dutch law. In practice:
  1. Cancelling is not the same as deleting your Account. To delete your Account and Content, use the deletion option in your account settings or contact us.

15. Locking

There are two separate limits, and they lock different things. Locking never happens without warning, and nothing is deleted by locking alone.

Who can export. In normal use, only the Owner of an Artist can export its data. Linked Accounts gain the ability to export only once an Artist is Locked and read-only under clause 15.1, so that material is not lost when an Account falls out of good standing.

15.1 Artist limit exceeded — the Owner

If the number of Artists in your Account exceeds your Plan's limit — because you downgraded, cancelled, or did not pay within the grace period in clause 13.8 — all Artists in your Account become Locked and read-only. While Locked:

You can still:

You cannot:

Locking is lifted as soon as you are back within your Plan's Artist limit — by paying an outstanding amount, upgrading, or deleting or exporting Artists you no longer need.

15.2 Artist limit exceeded — Linked Accounts

If Artists are Locked under clause 15.1, Linked Accounts with access to those Artists can still open setlists and the track overview in read-only mode, and can play back audio. The stem player and the Bridge are disabled for them.

Because the Artist is fully Locked, Linked Accounts can export its data for as long as it is retained under clause 15.3. Export is the only write-adjacent action available to a Linked Account in this state, and it exists so that a client or band member does not lose material they hold rights in because of a payment or plan issue in another Account.

Outside this Locked state, Linked Accounts cannot export. See clause 15.5.

15.3 Deletion after 90 days

Artists Locked under clause 15.1 are retained for 90 days. During that period we will send the Owner repeated reminders, including a clear final warning. If the Account is still over its Artist limit at the end of the 90 days, all Artists in the Account and their Content will be permanently deleted.

Where we hold contact details for Linked Accounts with access to those Artists, we will notify them before deletion, so that they can export in time.

Export your Content before the 90 days expire. Deletion is permanent and we cannot reverse it. This applies to Owners and to Linked Accounts alike.

Nothing in this clause affects your right to request a copy of your personal data under data protection law. See our [Privacy Policy].

15.4 Storage limit exceeded — the Owner

If your stored Content exceeds your Plan's storage limit:

You can still:

You cannot:

We will send you reminders. Content is not deleted for exceeding the storage limit. The only exception is where storage is exceeded by a large margin — more than [200%] of your Plan's limit. In that case we will email you first, explain what we intend to remove, and give you at least [14] days to reduce your usage yourself.

15.5 Storage limit exceeded — Linked Accounts

Linked Accounts are not affected by the Owner's storage limit. They continue to use the linked Artist normally, including the stem player and the Bridge.

Because this is normal use rather than a Locked state, Linked Accounts cannot export. Export becomes available to them only under clause 15.2.

15.6 Moving an Artist to another Account

As the Owner, you can move an Artist to a different Account yourself, using the export Artist data function and importing the file into the destination Account. This works while an Artist is Locked. You do not need to contact us to do it.

A Linked Account that has become able to export under clause 15.2 can do the same, and may import the Artist into an Account of its own. Owners using the Service on behalf of clients should read clause 8.7.

15.7 Suspension for breach

We may suspend or restrict your Account if you materially breach these Terms, if required by law, or if your use poses a security risk. Except where immediate suspension is necessary, we will notify you first and give you a reasonable opportunity to fix the problem.

15.8 Deletion by you

When you delete your Account, we delete your Content from our live systems. Copies may persist in encrypted backups for up to 30 days before being overwritten.

15.9 Keep your own copies

As the Owner, you can export your Content at any time, including while Locked. We strongly recommend keeping your own copies of all master files. The Service is not a backup service.

16. Right of withdrawal (consumers)

  1. If you are a consumer, you have the right to withdraw from a paid subscription within 14 days of entering into it, without giving a reason.
  1. To withdraw, tell us clearly before the 14 days expire — by email to support@mysetlist.app, or using the [model withdrawal form].
  1. Immediate access. If you ask us to start the Service during the withdrawal period and then withdraw, you owe a proportionate amount for the part of the period already used. We refund the remainder within 14 days, using the same payment method.
  1. The withdrawal right does not apply to the free Plan, since no payment is involved.

17. Liability

  1. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for intent or deliberate recklessness (opzet of bewuste roekeloosheid), or for anything else that cannot be excluded under Dutch law.
  1. Subject to clause 17.1, our total liability arising out of or in connection with the Service is limited, per event or series of connected events, to the amount you paid us in the 12 months preceding the event giving rise to the claim, with a minimum of [EUR 50].
  1. Subject to clause 17.1, we are not liable for indirect or consequential loss, including loss of profit, loss of bookings or performance fees, loss of goodwill or reputation, wasted expenditure, or loss or corruption of data beyond our reasonable control.
  1. We are not liable for loss caused by your failure to keep independent backups of your Content or of your playback setup (clauses 11.3 and 15.9).
  1. We are not liable for loss arising from use of the Service outside its intended purpose as described in clause 11.
  1. For consumers: the limitations in this clause apply only to the extent they are reasonable under Dutch law, and never restrict your statutory rights to a conforming digital service, including remedies under Book 7 of the Dutch Civil Code.
  1. A claim lapses if you do not notify us in writing within [12] months of the date you became aware, or reasonably should have become aware, of the loss.

18. Indemnity (business users only)

If you are a business user, you will indemnify us against third-party claims, and reasonable legal costs, arising from Content uploaded through your Account in breach of clause 6.5, from your use of the Service in breach of clause 7, or from your arrangements with clients under clause 8. We will notify you promptly of any such claim and will not settle it without consulting you.

19. Our intellectual property and your feedback

  1. The Service, including its software, source code, design, interfaces, name, and logo, belongs to us or our licensors. These Terms do not transfer any of those rights to you. You get a limited right to use the Service as described here, and nothing more.
  1. Feedback. If you send us feedback, suggestions, or bug reports, we may use them freely to improve the Service, without obligation or compensation to you.
  1. Follow-up contact is optional. Our feedback form includes an opt-in checkbox if you would like us to contact you about your submission. If you do not tick it, we will not use your feedback submission as a basis to email you. You can submit feedback without providing contact details, and you can withdraw your opt-in at any time.

20. Third-party services

The Service integrates with third-party products, including payment processing, authentication, storage, content delivery, and companion tools for digital audio workstations. We are not responsible for those third parties' own services, availability, or terms. Where a third-party integration requires you to accept separate terms, those terms apply to your use of that third party.

21. Early access and beta features

We may label parts of the Service as beta, preview, or early access. Those parts are provided as-is, may change or be withdrawn, and may be less stable. Clause 11 applies with particular force: do not rely on a beta feature when it matters.

22. Changes to these Terms

  1. We may amend these Terms. We will publish the new version with an updated version number and date.
  1. For material changes affecting paid subscribers, we will give at least [30] days' notice by email. If you do not accept the changes, you may cancel before they take effect, and we will refund any prepaid unused period.
  1. Continuing to use the Service after the notice period means you accept the amended Terms.

23. Governing law and disputes

  1. These Terms are governed by the law of the Netherlands. The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
  1. Complaints. Please contact us first at support@mysetlist.app. We aim to respond within [14] days and to resolve complaints in good faith.
  1. Consumers may also use the European Commission's Online Dispute Resolution platform. As a consumer, you may always bring proceedings in the courts of your place of residence, and mandatory consumer law of your country of residence continues to protect you.
  1. Otherwise, disputes will be submitted to the competent court in the district of Gelderland, the Netherlands.

24. General

  1. If a provision of these Terms is invalid or unenforceable, the rest remains in force, and the invalid provision will be replaced by a valid one that comes as close as possible to its intent.
  1. You may not transfer your rights under these Terms without our written consent. We may transfer our rights and obligations if we transfer the business, on notice to you, and you may cancel if a transfer materially disadvantages you.
  1. Clauses that by their nature should survive termination — including clauses 6.2 (final sentence), 17, 18, 19, and 23 — do so.
  1. These Terms, the Privacy Policy, and the pricing page form the entire agreement between us regarding the Service.

Contact:

support@mysetlist.app

Ricardo Braun

Zaslaan 145

6823GE, Arnhem, The Netherlands

Chamber of Commerce (KVK): [NUMBER]

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