Terms of Service

1. Who we are

Upbeat is operated from South Africa under the brand name “Upbeat” (“we”, “us”, “our”). You can reach us at privacy@cue-upbeat.com for any question about these Terms or the Service.

2. What Upbeat is

Upbeat is a tool for choir directors, conductors, and ensemble managers to organise their groups — managing members, attendance, auditions, repertoire, and events. It is a workspace tool for the people who run ensembles. It is not a social network, a service for the general public to sign up to as individuals, or a public directory of musicians.

3. Your account

You must be at least 16 years old to create an Upbeat account. You agree to give accurate information when registering and to keep your login credentials secure. One person, one account. You are responsible for activity that happens under your account.

4. Organisations and roles

Accounts belong to people. Within Upbeat, accounts work inside organisations (your choir, ensemble, or group). The person who creates an organisation owns it and can invite others, assign roles, and remove members or admins. If you are invited into an organisation, the owner controls what you can see and do inside it.

5. Your content and customer data

You keep ownership of everything you put into Upbeat — including member records, attendance data, audition notes, repertoire information, and uploaded files. You grant us a limited, non-exclusive licence to host, store, transmit, back up, and display this content solely so that we can provide the Service to you and your organisation.

When you enter information about other people (members, candidates, contacts), you confirm that you have the legal right to do so. If those people include minors, you confirm you have the necessary parental or guardian consent under the laws that apply to you (POPIA, GDPR, or similar).

6. Acceptable use

You agree not to:

• upload illegal content, or content you do not have the right to share;
• use Upbeat to harass, threaten, or impersonate anyone, including members of your organisation;
• scrape the Service, or access it through automated means we have not authorised;
• use Upbeat as a generic database for purposes unrelated to ensemble management;
• attempt to break our security, access other organisations’ data, or interfere with the Service for other users.

7. Plans and fees

Upbeat is freemium. The free tier is free to use, subject to any limits we publish. Paid tiers, when introduced, are billed in advance for the period you select. Fees are non-refundable for the unused portion of a billing period unless the law requires otherwise. We will give you at least 30 days’ notice before changing the price of a plan you are subscribed to. All fees are stated exclusive of VAT or other taxes unless the price page says otherwise.

8. The product is evolving

Upbeat is in active development. Features may change, be improved, or be removed. Where we remove or materially change a feature you depend on, we will give reasonable notice — usually by email or in-app notification.

9. Suspension and termination

You can close your account at any time through the settings page or by emailing us. We may suspend or terminate access to the Service if you breach these Terms, fail to pay for a paid plan, or use Upbeat in a way that puts us, our users, or third parties at risk. Where it is reasonable to do so, we will tell you first and give you a chance to fix the problem. What happens to your data on closure is described in our Privacy Policy.

10. Warranties and liability

Upbeat is provided “as is” and “as available”. We do our best to keep the Service running, secure, and accurate, but we do not guarantee it will be uninterrupted or error-free.

To the maximum extent permitted by law, our total liability to you for any claim arising out of or relating to the Service is limited to the greater of (a) the fees you paid us in the twelve months before the event giving rise to the claim, or (b) ZAR 1,000. We are not liable for indirect, incidental, or consequential losses, including lost profits or lost data beyond what we are obliged to retain.

Nothing in these Terms limits or excludes any liability that cannot lawfully be limited or excluded — including any rights you have as a consumer under mandatory law in your country.

11. Indemnity

You agree to indemnify us against claims, losses, and expenses arising from data you put into Upbeat without the right to do so — for example, member or candidate data you uploaded without the consent required by law.

12. Governing law and disputes

These Terms are governed by the laws of the Republic of South Africa. Disputes will be heard in South African courts, without prejudice to any mandatory consumer-protection rights you have in the country where you live.

13. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email and post a notice in-app at least 30 days before the changes take effect. Continuing to use the Service after that means you accept the updated Terms. The current version is always available at this page.