Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the Callboard service, including the website at callboard.fm and any related applications, features, or content (collectively, the “Service”) provided by Callboard LLC, a New Jersey limited liability company (“Callboard,” “we,” “us,” or “our”).

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

Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent that you meet this requirement. If you are using the Service on behalf of a business or other organization, you represent that you have authority to bind that entity to these Terms, and “you” refers to both you and that entity.

The Service

Callboard provides analytical tools designed to help independent concert promoters evaluate potential bookings. The Service generates “Promoter Briefs” containing information such as market fit assessments, pricing considerations, risk indicators, and revenue estimates based on third-party data and our proprietary analysis.

Promoter Briefs are informational and analytical only. They are decision-support tools, not recommendations, guarantees, or professional advice. You are solely responsible for all booking, business, and financial decisions you make.

We may modify, suspend, or discontinue any part of the Service at any time. If we materially discontinue a feature you rely on, we will provide reasonable notice where practical.

Accounts

To use most features, you must create an account. We use Clerk as our authentication provider. You are responsible for:

• Providing accurate information during signup
• Maintaining the security of your account credentials
• All activity that occurs under your account
• Notifying us promptly of any unauthorized access

Accounts are personal to you (or, for team plans, to the authorized users specified in your plan). You may not share your account credentials, allow others to use your account, or transfer your account without our written consent.

We may suspend or terminate accounts for violations of these Terms, fraudulent activity, non-payment, or as otherwise needed to protect the Service or other users.

Plans, Pricing, and Payment

4.1 Plans

The Service is offered in tiered plans (currently Free, Scout, Buyer, Company, and Enterprise). Each paid plan includes a specified number of Promoter Briefs per month and other features as described at checkout or on our pricing page. Plan features and pricing may change; we will give reasonable notice of material changes affecting active subscriptions.

4.2 Brief Allocation

Each paid plan includes a monthly allocation of Promoter Briefs. Unused briefs do not roll over. Your allocation resets at the start of each billing period. If you reach your monthly limit, you may upgrade to a higher tier (effective immediately and prorated) or wait until your next billing period begins.

4.3 Billing

You authorize us (and our payment processor, Stripe) to charge your payment method for all fees associated with your subscription. Subscriptions are billed in advance:

• Monthly plans: charged each month on your billing date
• Annual plans: charged once per year, at a 20% discount relative to the equivalent monthly plan

All subscriptions automatically renew at the end of each billing period unless canceled. By subscribing, you authorize recurring charges until you cancel.

4.4 Annual Subscriptions and Refunds

Annual subscription fees are billed in advance and are non-refundable. You may cancel your subscription at any time through your account settings; cancellation will take effect at the end of your current paid term, and you will retain access to the Service through that date. No refunds or credits will be issued for partial subscription periods, unused brief allocations, or unused features.

This Section does not limit any non-waivable rights you may have under applicable consumer protection law. If we materially discontinue the Service or your subscription tier before the end of your paid term, we will issue a pro-rata refund for the unused portion.

4.5 Plan Changes

• Upgrades take effect immediately and are prorated for the remainder of your billing period.
• Downgrades take effect at your next renewal. No partial refund is issued for the difference.
• Switching from monthly to annual is permitted at any time; any unused portion of your current month will be credited toward the annual purchase.
• Switching from annual to monthly is not permitted mid-term; you may switch at the end of your annual term.

4.6 Price Changes

We may change subscription prices. For active subscriptions, price changes take effect at your next renewal. We will provide at least 30 days’ notice of price increases by email or in-product notification.

4.7 Taxes

Fees do not include applicable taxes, which are your responsibility. For business customers in the European Union and United Kingdom, we apply reverse charge VAT treatment where applicable; you are responsible for any VAT obligations in your jurisdiction.

4.8 Failed Payments

If a payment fails, we may suspend access to paid features. We will attempt to contact you and retry the payment. If payment is not resolved within a reasonable period, we may terminate your subscription.

Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Reverse engineer, decompile, scrape, or attempt to extract the source code or underlying data of the Service
• Use Promoter Briefs or other Service outputs to train, fine-tune, or develop machine learning or artificial intelligence models
• Resell, sublicense, or redistribute Promoter Briefs or other Service outputs to third parties
• Use the Service to build, support, or operate a product that competes with Callboard
• Circumvent, disable, or interfere with security or access controls, including brief volume limits
• Use automated tools, scripts, or bots to access the Service except where expressly permitted
• Misrepresent your identity, affiliation, or authority
• Interfere with the operation of the Service or with other users’ use of it
• Use the Service in a way that violates any third-party data licensing terms applicable to data we use to provide the Service

We may investigate suspected violations and take appropriate action, including suspension or termination.

Intellectual Property

6.1 Our Rights

The Service, including its software, design, trademarks, logos, methodology, and content (excluding User Content as defined below), is owned by Callboard or our licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service and Promoter Briefs solely for your internal business purposes and in accordance with these Terms.

6.2 User Content

You retain ownership of any data, queries, or other content you submit to the Service (“User Content”). You grant us a worldwide, non-exclusive, royalty-free license to use, host, store, and process User Content solely as necessary to provide and improve the Service.

6.3 Third-Party Data

The Service incorporates data licensed from third parties. Such data remains the property of the respective licensors and is subject to their terms. You may not extract, reproduce, or use such data outside of the Service.

6.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us an unlimited, perpetual, royalty-free right to use them for any purpose without obligation to you.

Disclaimers

The Service is provided “AS IS” and “AS AVAILABLE” without warranties of any kind, express or implied. We expressly disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, and uninterrupted or error-free operation.

Promoter Briefs are predictive and analytical outputs generated from third-party data and proprietary models. They may contain inaccuracies, omissions, or errors. Data sources may be incomplete or outdated. Market conditions, artist behavior, and other variables affecting the live entertainment industry are inherently uncertain. You bear all risk associated with your use of Promoter Briefs and your booking decisions. Callboard makes no guarantees regarding ticket sales, attendance, revenue, profitability, or any other outcome.

We do not warrant that the Service will meet your specific requirements, that any errors will be corrected, or that the Service will be free of viruses or harmful components.

Limitation of Liability

To the maximum extent permitted by law:

• Callboard will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost data, lost business opportunities, or damages arising from booking decisions, regardless of the legal theory and even if we have been advised of the possibility of such damages.
• Our total aggregate liability for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount you paid us in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred dollars ($100).

Some jurisdictions do not allow exclusion or limitation of certain damages. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless Callboard, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Service
• Your booking decisions or business activities
• Your User Content
• Your violation of these Terms
• Your violation of any law or third-party right

Termination

You may terminate your account at any time through your account settings or by contacting us. We may suspend or terminate your account at any time for violation of these Terms, non-payment, fraudulent activity, or as otherwise needed to protect the Service or comply with law.

Upon termination:

• Your right to access the Service ends immediately (or, for paid plans terminated by you, at the end of your current paid term)
• We may delete your account data after a reasonable retention period
• Sections of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive

Privacy

Your use of the Service is also governed by our Privacy Policy, available at callboard.fm/privacy, which is incorporated into these Terms by reference.

Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or in-product notification at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service before the effective date.

Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the State of New Jersey, without regard to its conflict of laws principles.

13.2 Venue

Any legal action arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Hudson County, New Jersey. You consent to personal jurisdiction in those courts.

13.3 Class Action Waiver

You and Callboard agree that any dispute will be resolved on an individual basis. You waive any right to bring or participate in a class, collective, or representative action against Callboard.

13.4 Consumer Rights

If you are a consumer in the United Kingdom, European Union, or another jurisdiction whose laws provide you with non-waivable rights, nothing in this Section limits those rights.

General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced, constitute the entire agreement between you and Callboard regarding the Service.

14.2 Severability

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.

14.3 No Waiver

Our failure to enforce any provision is not a waiver of our right to do so later.

14.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

14.5 Force Majeure

We are not liable for delays or failures in performance caused by events beyond our reasonable control, including natural disasters, network failures, third-party service outages, or government actions.

14.6 Notices

We may provide notices to you by email, in-product notification, or by posting on the Service. You may provide notices to us at the contact address below.

Contact

Callboard LLC
217 Summit Ave, Unit #275, Jersey City, NJ 07304
Email: legal@callboard.fm