1. Agreement
These Terms of Service (“Terms”) are a binding agreement between you and Broadhead Software (“Broadhead Software,” “we,” “us”) governing your use of the Choirside mobile and web applications (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 and Copyright Policy are incorporated into these Terms.
2. Eligibility
You must be at least 13 years old to use the Service. We ask for your date of birth at registration and do not permit accounts for users under 13.
If you are between 13 and 18, you may use the Service only with the knowledge and involvement of a parent, guardian, or your choir’s director, and you represent that they have agreed to these Terms on your behalf.
3. Accounts
You are responsible for the accuracy of your account information, for keeping your credentials secure, and for all activity under your account. Notify us promptly at support@broadheadsoftware.com if you believe your account has been compromised.
You may delete your account at any time from within the app, on the web, or by contacting us. Deletion removes your data as described in the Privacy Policy.
4. Choirs and roles
The Service organizes users into choirs. A choir has an owner, may have one or more directors, and has members.
- Only a choir’s owner may grant the director role. Directors cannot assign themselves.
- Directors can upload and share content with their choir, manage membership, and configure choir settings.
- Members can access content shared with them, upload their own recordings, and leave a choir at any time.
The Service does not provide private messaging between individual users. Communication within a choir is visible to the choir: an announcement is addressed to the whole choir or to a voice part, and everyone it is addressed to can see that it was.
4a. Notifications, including text messages
You choose how the Service reaches you when your choir posts an announcement: in the app, by email, by push notification, or by text message. You can change or switch off any of these in your notification settings at any time.
If you turn on text messages:
- Message frequency varies. Text messages are sent when a leader of a choir you belong to posts an announcement marked urgent, which in practice means the occasional same-day change: a cancelled rehearsal, a changed call time. There is no fixed number.
- Message and data rates may apply. Your mobile carrier may charge you to receive them; the Service itself makes no charge for text messages.
- Reply STOP to any message to stop receiving them, or CANCEL, END, QUIT or UNSUBSCRIBE, which all do the same thing. Reply HELP for help, or START to begin receiving them again. You can also switch them off in the app.
- Carriers are not liable for delayed or undelivered messages.
- Text messages are outbound only. Replies other than the keywords above are not read by anyone and are not delivered to your choir; the Service is not a text-message conversation.
Text message allowances are part of a paid subscription and are described in section 10. When a choir has used its allowance for the month, its announcements still go out on every other channel you have turned on.
5. Your content and the rights you must hold
You keep ownership of what you upload. You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, and display your content solely for the purpose of operating and providing the Service to you and to your choir. This license ends when you delete the content or your account, subject to reasonable backup retention periods.
You warrant that you have the rights you need. By uploading content you represent and warrant that you own it, or that you hold all licenses, permissions, and consents necessary to upload it and to share it with your choir through the Service.
This matters more than it may appear. Most published choral music is protected by copyright, including the score, the arrangement, the accompaniment tracks, and any recording. Ownership of a physical copy of a score does not give you the right to digitize it, upload it, or distribute it to your choir. Depending on your country and your institution, the rights you need may come from a blanket license held by your church, school, or choral organization, from a per-work license, or directly from the publisher.
It is your responsibility to confirm you hold those rights before uploading. We do not review content for copyright status, and we cannot advise you on whether a particular use is licensed. If you are unsure, ask your publisher or your organization’s licensing administrator before uploading.
You are responsible for any claims arising from content you upload.
6. Prohibited content and conduct
You may not upload, share, or transmit content that:
- infringes any copyright, trademark, or other intellectual property right;
- is defamatory, harassing, abusive, threatening, or hateful;
- is sexually explicit, or sexualises any person;
- sexualises, endangers, exploits, or is otherwise harmful to a minor;
- promotes violence, self-harm, or illegal activity;
- contains malware, or attempts to compromise the Service or other users;
- impersonates another person or misrepresents your affiliation; or
- violates the privacy of others, including uploading recordings of a person without their knowledge.
You may not use the Service to harass, bully, or attempt to establish inappropriate contact with any user, and you may not attempt to circumvent a block placed by another user.
We do not tolerate content or conduct that sexualises or endangers minors. Accounts involved in such conduct are removed immediately and permanently, and we report to law enforcement where required or appropriate.
7. Fair use of the Service
Plans we describe as unlimited are unlimited for the way a choir actually works. They are not a license to use the Service as general storage, as a way to distribute media to the public, or in a way that imposes costs out of all proportion to what a choir of your size would generate.
We ask that you use the Service:
- for the rehearsal and administration of a real choir, not as a file host, a backup service, or a distribution channel;
- with a membership that reflects the people who actually sing with you. Accounts must belong to real people, and one choir may not be used as a shell for several separate ensembles that would otherwise need an Organization plan;
- without automated or scripted access, bulk uploading, or any attempt to extract the content of the Service in bulk; and
- without reselling or sublicensing the Service, or providing access to it to people outside your choir.
You may not create multiple accounts, or split a choir across accounts, to work around the limits of the free tier.
Where use falls far outside the normal range for stored volume, transfer, member count, upload rate, or number of accounts, we may contact you about it, apply reasonable technical limits, ask you to move to a plan that fits, or, if it continues, restrict or suspend the account. Except where the use is causing immediate harm to the Service or to other users, we will tell you first and give you a reasonable opportunity to bring things back into range.
We may publish specific limits, for example a maximum file size, a maximum number of accounts on a choir, or a storage allowance, and change them with notice. We will not apply a new limit to content you have already uploaded without giving you an opportunity to export it first.
8. Reporting and moderation
User content and member accounts can be reported from within the app, directly from the content itself. Reports come to us rather than to your choir’s director, so that a report about a director still reaches someone able to act on it. We review reports and aim to act within 24 hours.
We may, at our discretion and without prior notice:
- hold content for review before it becomes visible to others;
- remove or restrict access to content that violates these Terms;
- suspend or terminate accounts; and
- retain records of reports and the actions we took.
You may block another user, which hides that person’s recordings and announcements from you throughout the Service. A block takes effect immediately and is not disclosed to the person blocked. It does not change anyone’s membership of a choir, which remains the director’s to manage.
Moderation decisions are not a guarantee that we will detect every violation. We do not pre-screen all content.
9. Copyright complaints
If you believe content on the Service infringes your copyright, our Copyright Policy sets out how to submit a notice to our designated agent, how to submit a counter-notice, and our policy on terminating repeat infringers. We terminate the accounts of repeat infringers in appropriate circumstances.
10. Subscriptions and payment
Some features require a paid subscription. A subscription covers a choir and is bought by its director or the organization the choir belongs to; choir members are never charged for the Service. Subscriptions are purchased on the web, and card payments are processed by our payment provider, Stripe, under its terms, we do not store your card details. Organization plans may be invoiced where we agree that in advance.
Subscriptions renew automatically for a further period of the same length unless canceled. You may cancel at any time in your account settings; cancellation takes effect at the end of the period you have paid for, and you keep access until then. After that the choir moves to the limits of the free tier. Refund requests are handled by us, write to support@broadheadsoftware.com. Nothing here affects any refund or cancellation right you have under consumer law.
We will describe what a subscription includes before you purchase it. If we change subscription pricing, we will give you notice before the change takes effect.
Paid plans include a monthly allowance of announcement text messages, which is described on the pricing page for each plan and resets at the start of each calendar month. The free tier includes none. Reaching the allowance does not stop an announcement going out: it is still delivered on every other channel each recipient has turned on, and the sender is told that the text-message allowance was reached.
While the Service is in beta, no subscription fee is charged and every plan is available at no cost. We will give notice before we begin charging and no account will be charged without you providing payment details and agreeing to the purchase. Accounts that create a choir during the beta are marked as founding choirs: any subscription bought on such an account is charged at 50% of the then-published subscription fee, and the same 50% applies to the published price of any additional plan, package, or paid feature we introduce later. The discount applies to what we charge for the Service itself. It does not apply to transaction fees, payment processing charges, taxes, or other amounts that we pass on to you or collect on behalf of a third party, which are charged in full. That status is attached to the account rather than to a subscription, so it is not lost by canceling, by remaining on the free tier, or by any later change to our prices. Fair use applies during the beta as it does afterwards, and free access is not a waiver of it.
11. Termination
You may stop using the Service and delete your account at any time.
We may suspend or terminate your account if you breach these Terms, if you are a repeat infringer, if required by law, or if continuing to provide the Service to you would create risk for us or other users. Where practical and lawful we will tell you why.
On termination, the licenses you granted us end, and we delete your data as described in the Privacy Policy.
12. Disclaimers
The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that the Service will be uninterrupted, secure, or error-free, or that content will always be available. Keep your own copies of anything you cannot afford to lose.
13. Limitation of liability
To the maximum extent permitted by law, Broadhead Software will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill.
Our total liability arising out of or relating to these Terms or the Service will not exceed the greater of the amount you paid us in the twelve months preceding the claim, or fifty US dollars.
Some jurisdictions do not allow these limitations, in which case they apply to the fullest extent permitted.
14. Indemnity
You agree to indemnify and hold harmless Broadhead Software from any claim, demand, loss, or expense (including reasonable legal fees) arising out of content you upload, your use of the Service, or your breach of these Terms, including any claim that content you uploaded infringed a third party’s rights.
15. Apple and Google
These Terms are between you and Broadhead Software only, not with Apple Inc. or Google LLC.
Broadhead Software, not Apple, is solely responsible for the Service and its content. Apple has no obligation to provide maintenance or support for the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Service.
Broadhead Software, not Apple, is responsible for addressing any claims relating to the Service, including product liability claims, claims that the Service fails to conform to a legal requirement, and claims arising under consumer protection or similar legislation. Broadhead Software, not Apple, is responsible for investigating and resolving any third-party claim that the Service infringes intellectual property rights.
You represent that you are not located in a country subject to a US Government embargo or designated as a terrorist-supporting country, and that you are not on any US Government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
16. Changes to these Terms
We may update these Terms. If we make material changes we will notify you through the Service or by email before they take effect, and update the date above. Continued use after changes take effect means you accept the updated Terms.
17. Governing law
These Terms are governed by the laws of Utah, United States, without regard to conflict of laws principles.
18. Contact
Broadhead Software General: support@broadheadsoftware.com Privacy: privacy@broadheadsoftware.com Copyright: copyright@broadheadsoftware.com