Terms of Service

These terms are published at https://entertainhq.com/terms and at /terms on app.entertainhq.com and on every company's own EntertainHQ address (for example acme.entertainhq.com/terms).

1. Who we are, and what these terms cover

1.1. EntertainHQ is software for entertainment companies: a roster of performers, casting and bookings, contracts and signing, client proposals and invoices, wardrobe, check-in, pay and text messages. It is made and run by EntertainHQ LLC, a Texas limited liability company ("EntertainHQ", "we", "us"), 3244 Spaulding Dr, Paris, Texas 75460.

1.2. These terms cover:

• the marketing site at entertainhq.com, including its contact and demo forms;
• the product at app.entertainhq.com (sign-up, checkout, find my company, sign-in);
• every company's own workspace on its EntertainHQ address (<company>.entertainhq.com, or a custom domain the company connects), including its staff pages, its performer portal, its costume portal and the pages its clients open from a link;
• the emails and text messages the product sends on a company's behalf.

Together, "the Service".

1.3. These terms do not cover a company's own website, a company's own contract with its performers or its clients, or the services of the third parties named in section 10. Each of those has its own terms.

2. Three kinds of people use the Service

2.1. A Company. The business that buys an EntertainHQ subscription (or is given one), owns a workspace and invites people into it. The Company is "you" in sections 5, 13.1, 16 and wherever the text says "the Company".

2.2. A User. A person the Company has invited into its workspace: an owner, a manager, an agent, a costumer, any other staff member, or a performer. A User signs in with a password, with a signed link the Company's workspace emailed or texted to them, or both.

2.3. A Client. A person the Company does business with (a client, a venue, a planner) who opens a page from a link the Company sent: a proposal, a contract to sign, an invoice to pay, a media kit, a shared costume page, a client portal. A Client may never create a login.

2.4. Everyone in 2.1 to 2.3 is "you" unless the text names one of them.

3. How you accept these terms

3.1. A Company accepts these terms when it signs up at app.entertainhq.com (a required, unticked box naming the Customer Agreement and these terms, then "Agree and continue to payment") or when it signs the EntertainHQ Customer Agreement, whichever happens first. The Customer Agreement is shown and accepted at sign-up. If the Company has signed a Customer Agreement, that agreement governs the relationship between the Company and EntertainHQ, and where it and these terms disagree, the Customer Agreement wins for the Company. These terms still apply to every User and every Client of that Company, because they are not parties to the Customer Agreement.

3.2. A User accepts these terms when they set their first password or accept an invitation: a required, unticked box naming the Terms of Service and the Privacy Policy, with links that open the full text, and a button that says it is agreement. The product records the version accepted, the time (UTC) and the address it came from. Every sign-in page links these terms, and continuing to use the Service after a change takes effect (section 18) is agreement to the change. If you do not agree, do not set a password and do not sign in; ask the Company that invited you to remove your account.

3.3. A Client accepts these terms by opening a page the Company sent them and using it. Every such page links these terms and the Privacy Policy. If you do not agree, close the page and deal with the Company directly.

3.4. You must be at least 18 years old to accept these terms. Section 4.6 says what happens when a performer is younger.

4. Accounts

4.1. Invitation only. There is no public sign-up for Users. A login exists because a Company created it and sent an invitation to an email address (and, for performers, sometimes a phone number). A Client never needs a login.

4.2. One person, one login. A login is for the person it was sent to. Do not share a password, do not forward a sign-in link to someone else to use, and do not sign in as another person. A signed link is a key: whoever holds it can open what it opens, so treat it as you would a password.

4.3. Keep it safe. You are responsible for what is done with your login until you tell the Company or us that it has been lost or taken. Tell the Company first (it can end your sessions at once) and then us at [email protected].

4.4. Passwords. A password must be at least 12 characters and must not appear on the public list of passwords known to have leaked (we check the first five characters of a hash of your password against that list, never the password itself; see the Privacy Policy, section 6). We never ask for your password by phone, text or email.

4.5. What the Company controls. The Company decides who is in its workspace, what each person may see and do, and when a login ends. Your access depends on the Company's subscription: when it ends, so does every login in its workspace. If you are a User and you leave the Company, your login ends when the Company says so; your personal data is then the Company's to keep or delete under its own rules and the Privacy Policy, section 8.

4.6. Performers under 18. Some companies book performers who are minors. A minor may not accept these terms or hold a login. If a Company casts a performer under 18, the login, the phone number for text messages, the signature on any contract and every consent must be the parent's or legal guardian's, and the Company is responsible for arranging that and for complying with the laws that protect minors where it operates. A Company that casts minors must tell us so before its first such booking, so that the Privacy Policy's section 10 applies to that workspace. We do not knowingly collect personal data from a child under 13 directly, and if we learn that we have, we delete it.

5. The Company's workspace and its data

5.1. The Company owns its data. Everything a Company and its Users and Clients put into a workspace (the roster, profiles, photos, events, contracts, proposals, invoices, messages, notes, pay records, uploads) is "Company Data". The Company owns it. EntertainHQ claims no ownership of Company Data and no right to it beyond what this section gives.

5.2. What we may do with it. The Company gives EntertainHQ a licence to host, copy, back up, transmit, display and process Company Data only as needed to run the Service, to keep it safe, to support the Company, to send the emails and texts the Company's workspace asks us to send, and to comply with law. We do not sell Company Data, use it for advertising, use it to train any machine-learning model, or share it with anyone except the sub-processors named in the Privacy Policy and anyone the Company directs us to share it with.

5.3. Roles. For Company Data, the Company is the controller (in California's words, the business) and EntertainHQ is the processor (service provider). We act on the Company's instructions, which are these terms, the Customer Agreement, and what the Company's Users do in the product. The Company is responsible for having the right to put its people's data into the Service and for honouring their privacy rights; we help as section 9 of the Privacy Policy describes.

5.4. Between Users, Clients and the Company. A performer's relationship is with the Company that booked them, not with EntertainHQ. A Client's deal is with the Company, not with EntertainHQ. We are not a party to any booking, contract, invoice, payment or dispute between them. We do not vet performers, companies or clients. If a Company owes you money, or you owe it, that is between you and the Company.

5.5. Our own data. We keep records about how the Service is used (sign-in events, request logs, counts, error reports) to run it. They are ours, kept as the Privacy Policy says, and we do not use them to identify a person except to keep the Service secure, to support you, or when the law requires.

5.6. Feedback. If you send us an idea or a suggestion, we may use it without owing you anything.

6. Rules for using the Service

6.1. You may use the Service only for the Company's entertainment business, lawfully, and as the product is meant to be used.

6.2. Do not:

• put into the Service anything you have no right to (someone else's photo, a stolen roster, a contract you may not share);
• upload anything unlawful, defamatory, pornographic, or that harasses or threatens a person;
• use the Service to send texts or emails to people who have not agreed to receive them, or to send marketing by text at all (section 7);
• probe, scan or test the Service for weaknesses without our written agreement, try to reach another company's workspace or another person's account, or get around a limit, a lock or a signed link;
• copy, scrape, reverse engineer, resell or white-label the Service, or build a competing product from it;
• let the Service be used by a person under 13, or by a person under 18 except through a parent or guardian (section 4.6);
• upload malware, or anything that is not what its file name says it is.

6.3. If you find a security problem, tell us at [email protected] before telling anyone else, and give us a reasonable time to fix it. We will not take action against a person who reports in good faith and does no harm.

7. Text messages (SMS program terms)

7.1. Who sends them. When a Company turns on texting, text messages are sent from a phone number registered in that Company's own legal name through our messaging provider, Twilio. The Company is the sender and the program is the Company's (for example "Acme Entertainment Talent Notifications"). EntertainHQ provides the software that sends them.

7.2. What they are. Texts are operational messages to performers and staff who opted in: casting calls and availability checks, booking confirmations, call-time reminders, venue and schedule changes, contract and payment notices, and replies from the Company's staff about booked events. They are never marketing.

7.3. Consent. A person receives texts only after they have themselves entered their mobile number and ticked the separate, unticked text-message consent box on their own account page, or confirmed by replying to a text. Consent is given to one Company and is not transferred to any other company, affiliate or program.

7.4. Frequency. Message frequency varies with event activity. Most performers receive between one and ten messages a month; a busy week before a large event can bring more.

7.5. Message and data rates may apply. Your carrier's charges are yours.

7.6. Opt out. Reply STOP to any message to stop receiving texts from that Company. You will receive one confirmation text and nothing more. You may also turn texts off on your Contact page in the performer portal, or tell the Company in any reasonable way; we honour every opt-out within ten business days and usually at once. Opting out of texts does not end your account: notices then come by email.

7.7. Help. Reply HELP to any message for the program name and the Company's contact details, or contact the Company directly at the address printed on its Privacy Policy page.

7.8. Carriers. Texts are supported on the major US carriers. Carriers are not liable for delayed or undelivered messages. Delivery depends on your carrier and your phone.

7.9. Mobile data is not shared. Mobile phone numbers and text-message opt-in data are never sold, rented or shared with third parties, affiliates or lead generators for marketing or promotional purposes. See the Privacy Policy, section 5.

7.10. Each Company registers its own program. A Company that wants texting gives us its legal name, EIN, address and contact so we can register its brand and campaign with the carriers on its behalf. Registration takes time and can be refused by the carriers; until it clears, the Company's notices go by email. The Company is responsible for the accuracy of what it gives us and for using texting as sections 6 and 7 require; the carriers may suspend a program that breaks their rules, and we will suspend a Company's texting if they do.

8. Electronic signatures and documents

8.1. The Service lets a performer sign a performer contract, and a Client sign a proposal, contract or similar document, by ticking a box, typing a name and pressing Sign, after signing in or opening a link sent to their own email address or phone. You agree that a signature made that way is your electronic signature, that it has the same effect as a handwritten one under the US Electronic Signatures in Global and National Commerce Act and the Texas Uniform Electronic Transactions Act, and that you consent to receive these documents electronically. You may withdraw that consent by telling the Company, after which the Company must deal with you on paper; that is between you and the Company.

8.2. The Service records who signed, when, from which address, and a hash of the document as it was signed, and gives a copy to the people the Company's workspace names. We keep that record as part of Company Data. We are not a party to the signed document and do not vouch for its contents.

8.3. The wording of a performer contract, a proposal or a client contract is the Company's. EntertainHQ supplies layouts and starting text as a convenience and gives no legal advice; the Company should have its own documents reviewed.

9. Payments

9.1. The Company's subscription. A Company pays EntertainHQ a subscription as shown at sign-up or in its Customer Agreement, through Stripe. Prices, plans, add-ons, trials, refunds, late payment and what happens when a payment fails are in the Customer Agreement and on the Plan & Add-ons page of the Company's workspace. We may change prices with at least 30 days' notice to the Company's owner; the change applies from the next renewal after the notice.

9.2. Clients paying the Company. When a Client pays an invoice or a deposit through a link, the money goes to the Company through the Company's own payment account (today, the Company's own Stripe account connected to its workspace). EntertainHQ never holds a Client's money, never sees a full card number, and is not a party to that payment. Refunds and disputes are between the Client and the Company, and the Company's payment provider's terms apply to the Company.

9.3. Performer pay. The Service records what a Company owes its performers and can prepare pay runs; where a Company connects a payout provider, the provider's terms apply to the Company and to the performer who enrols. EntertainHQ does not employ performers and does not pay them.

9.4. What we are not. EntertainHQ is not a bank, a money transmitter, a payroll provider, an employer, an agent or an escrow. Money moves through accounts that are the Company's, with the details entered on the payment provider's own pages, never ours.

9.5. Taxes. Each of you is responsible for your own taxes. The Service's figures are a convenience, not tax advice.

10. Third-party services inside the Service

10.1. The Service is built on and connects to services run by others: Railway (hosting), Cloudflare (network, the marketing site), Stripe (payments), Twilio (texts), the email provider named in the Privacy Policy, and, only for companies that connect it, Tripleseat (event sales). The full list, with what each receives, is in the Privacy Policy, section 6.

10.2. When you use a feature that depends on one of them, that provider's terms apply to you as well, where they say so. A service the Company connects itself (its own Stripe account for its clients' payments, Tripleseat) is the Company's provider under the Company's own agreement, not our sub-processor; the Customer Agreement calls these Third-Party Services. We are not responsible for a third party's service, its outages or its changes, but we choose our own providers with care and we keep the list current.

11. Our intellectual property

11.1. The Service, its software, design, kits, layouts, documentation, trade marks and the name EntertainHQ belong to EntertainHQ LLC or its licensors. You get a limited, non-exclusive, non-transferable right to use the Service as these terms allow, for as long as the Company's subscription lasts and your login is active. Nothing here transfers any of our intellectual property to you.

11.2. The Company may show its own name and branding in its workspace, in its emails and texts and on its pages; the Company keeps those marks. "A Built by Beans product" and "Powered by EntertainHQ" lines may appear on pages and emails.

12. Availability, support and change

12.1. We aim for the Service to be available all the time, but it is not guaranteed to be. We deploy changes often, sometimes several times a day; we take the Service down for maintenance when we must and we try to say so in advance. Service levels, if any, are in the Customer Agreement.

12.2. We may add, change or remove a feature. A feature that changes the way a page works comes with a "What's new" note and, where it matters, a tour. A feature marked as in testing or beta may be incomplete and may go away.

12.3. Support is by the Report a Bug button inside the product, by the ticket desk, and by email to [email protected]. Support never asks for your password and never resets a password by phone; resets go only to the email address on the account.

13. Suspension and ending

13.1. The Company ends its subscription as the Customer Agreement says. When a subscription ends, the Company's workspace closes to sign-in; the Company may ask for an export of all its data (every table and every file) within 30 days of the end; after that window, or sooner on the Company's written request, we delete the workspace (its database, its files and its addresses) from our live systems within a further 30 days. Deleted data lingers in backups until they age out, within three months of the deletion. A deleted workspace address is never reissued.

13.2. A User's login ends when the Company ends it, or when the User asks the Company to. A performer may also ask us directly at the Privacy Policy's contact address if the Company does not answer within 30 days.

13.3. We may suspend or end a login, a feature or a workspace, with notice where we reasonably can, when: these terms or the Customer Agreement are broken; the Service, another company or a person is at risk; a court or a carrier requires it; or a subscription is unpaid for the period the Customer Agreement allows. We will say why, and we will restore access when the cause is fixed, unless the breach was serious.

13.4. Sections 5, 8.2, 11, 14, 15, 16, 17 and 19 survive the end of these terms.

14. What we do not promise

14.1. The Service is provided "as is" and "as available". To the fullest extent the law allows, EntertainHQ makes no warranty of any kind, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade. We do not promise that the Service will be uninterrupted, error-free or secure, that a text or an email will be delivered, that a backup will be complete, or that a figure in the Service (a pay total, an invoice, a count) is correct; check what matters.

14.2. A Company's Customer Agreement may give the Company warranties. Those are the Company's and do not extend to Users or Clients.

14.3. Some laws do not allow the exclusion of some warranties; where that is so, the exclusion is limited to what the law allows.

15. Limitation of liability

15.1. To the fullest extent the law allows, EntertainHQ, its members, managers, employees and suppliers are not liable to you for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost data, lost bookings, business interruption or the cost of substitute services, however caused and under any theory, even if we were told they were possible.

15.2. To the fullest extent the law allows, our total liability to any person under or in connection with these terms and the Service is capped at: for a Company, the cap its Customer Agreement sets (the fees it paid or owed in the 12 months before the event giving rise to the claim, with the Customer Agreement's separate cap for a security incident or data loss on our side); for a User or a Client who has paid EntertainHQ nothing, US$100. A User or a Client has no claim against EntertainHQ that the Company whose workspace they use would not have under its Customer Agreement, and the Company's cap is shared by everyone who uses its workspace.

15.3. Nothing in these terms excludes or limits liability that cannot be excluded or limited under Texas law, including liability for fraud, for gross negligence or wilful misconduct, or for death or personal injury caused by negligence.

15.4. The limits in this section apply together, so that section 15.1 and section 15.2 are read as one limit, and they are a basis of the bargain between you and EntertainHQ.

16. The Company indemnifies us for its use

16.1. The Company will defend EntertainHQ and pay any damages, costs and reasonable attorneys' fees finally awarded or agreed in a settlement we approve, arising from a third-party claim that: Company Data, or the Company's use of the Service, infringes or misappropriates someone's rights or breaks the law; the Company sent texts or emails without the consent the law or the carriers require; or the Company's dealings with its performers, clients or staff (pay, employment, bookings, contracts, minors) caused the claim. We will tell the Company promptly, let it run the defence, and help at its cost. This section is for the Company only; Users and Clients give no indemnity.

17. Disputes, governing law and where

17.1. Talk first. If you have a problem with us, write to [email protected] with what happened and what you want. We will answer within 15 business days and try to resolve it within 30 days. Neither side starts a court case before that period has run, except to seek an injunction to stop a breach of section 6 or 11 or to protect data.

17.2. Texas law. These terms, and any dispute about them or the Service, are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17.3. Texas courts. Any case about these terms or the Service is brought in the state or federal courts sitting in Lamar County, Texas, and each of us consents to their jurisdiction and venue, except that either side may use a small-claims court with jurisdiction.

17.4. Time limit. To the extent the law allows, a claim must be brought within two years after it arose. (Texas Civil Practice and Remedies Code 16.070 voids a contractual limit shorter than two years; the Customer Agreement uses the same period.)

18. Changes to these terms

18.1. We may change these terms. For a change that matters (a new fee, a new limit on liability, a new rule for Users), we give at least 30 days' notice by email to every Company owner, by a notice on the sign-in page and in the product's "What's new", and we update the date at the top. A change needed for the law or for safety may take effect sooner, and we say so.

18.2. The current terms are always at the addresses in the header. Earlier versions are available on request.

18.3. Signing in or using the Service after the change takes effect means you accept the changed terms. A Company that does not accept a change may end its subscription under the Customer Agreement before it takes effect; a User who does not accept it should stop signing in and ask the Company to remove the login.

19. General

19.1. Entire agreement. These terms, the Privacy Policy, and for a Company its Customer Agreement and its order, are the whole agreement about the Service and replace any earlier terms. A Company's purchase order or portal terms do not bind us.

19.2. Assignment. You may not assign these terms without our written consent, except that a Company may assign them to a successor to its whole business on notice to us. We may assign them to an affiliate or to a successor to our business, and we will tell you.

19.3. No waiver, severability. Our not enforcing a term is not a waiver. If a court finds a term unenforceable, the rest stands and the term is read as narrowly as needed.

19.4. Force majeure. Neither side is liable for a delay or failure caused by something outside its reasonable control (a carrier outage, a hosting provider's failure, an internet failure, a natural disaster, a law), except that it does not excuse paying what is owed.

19.5. Notices. Notices to us go to the address in section 20. Notices to a Company go to its owner's email address on file; to a User, to the email on their login; to a Client, to the email the Company holds for them. A notice by email is given when sent, unless it bounces.

19.6. Independent parties. Nothing here makes us partners, joint venturers, employer and employee, or agent and principal with any of you.

19.7. No third-party beneficiaries. These terms are between you and EntertainHQ. Nobody else may enforce them, and a Customer Agreement between a Company and EntertainHQ gives no right to any User or Client.

19.8. Export and sanctions. You will not use the Service where US law forbids it, and you confirm you are not on a US sanctions list.

19.9. Language. These terms are written in English. A translation is a convenience; the English text governs.

20. Contact

EntertainHQ LLC 3244 Spaulding Dr, Paris, Texas 75460 [email protected] https://entertainhq.com