Terms of Service

Version: 1.0 (draft) Effective date: [TBD — set on publication] Last updated: 7 July 2026

⚠️ Draft notice — not yet legally reviewed. This is a starter Terms of Service written to match the current DAP/505 product, including the live payments system. It is plain-language and structured to sit alongside the Privacy Policy, but it has not been reviewed by a qualified lawyer. Before it is linked from the production app or presented to users for acceptance, it must be reviewed by counsel. Items in [brackets] are decisions for the company or its lawyers to confirm: the effective date, the VAT / company registration number in §1, the liability cap in §16, and confirmation that legal@dap505.com is a monitored inbox. Keep §9 (Fees & payments) aligned with the live Stripe configuration and fee tiers, and keep the definitions in §2 aligned with the product as it evolves.

1. Who we are and how to reach us

DAP/505 is a platform that connects DJs and other live-music artists with agents, promoters, and venue hosts so they can find each other, negotiate, agree, contract, and pay for bookings.

Company name: DAP/505 LDA
Registered address: Rua Nova de São Pedro 54, 2.º andar, Freguesia da Sé, 9000-048 Funchal, Madeira, Portugal
Company / VAT registration number: [TBD — insert NIPC / VAT number]
Legal contact: legal@dap505.com
Privacy contact: privacy@dap505.com

In these Terms, "DAP/505", "we", "us", and "our" mean DAP/505 LDA. "You" and "your" mean the person or organisation using the platform.

2. About these Terms

2.1 What these Terms cover

These Terms of Service (the "Terms") are a legal agreement between you and DAP/505. They govern your access to and use of the DAP/505 website, applications (including the installable Progressive Web App), and connected services (together, the "Platform").

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

2.2 Other documents that apply

These Terms incorporate by reference:

Our Privacy Policy, which explains how we handle personal data.
Any product-specific terms or notices we present to you in the app at the point of use (for example, at checkout or when signing a contract).

Where a conflict exists, the product-specific terms presented at the point of use govern for that feature, then these Terms, then the Privacy Policy for data-handling matters.

2.3 Definitions

Artist — a DJ, performer, or other live-music talent with an artist profile.
Agent — a user who represents one or more artists and may act on their behalf.
Promoter — a user who creates events and books artists.
Host — a venue or space owner listed on the Platform.
User — anyone with a DAP/505 account, in any role above. A single account may hold more than one role.
Event — a listing created by a promoter describing a booking opportunity, including its lineup.
Booking — an arrangement between a promoter (or host) and an artist (directly or through an agent) to perform at an event.
Negotiation — the in-app exchange of proposals across topics such as fee, technical rider, transportation, hospitality, travel, lineup, and contract.
Contract — a document uploaded to or generated on the Platform and signed electronically by the relevant parties.
Service Fee — the fee DAP/505 charges for use of the Platform, described in §9.
Payment Processor — our third-party payments partner, currently Stripe (including Stripe Connect), described in §9.

3. Eligibility

To use the Platform you must:

be at least 18 years old and have the legal capacity to enter into binding contracts;
if you use the Platform on behalf of a company or other organisation, be authorised to bind that organisation, in which case "you" also means that organisation; and
not be barred from using the Platform under the laws of Portugal, the European Union, or any other applicable jurisdiction, and not be a person subject to applicable sanctions.

The Platform is not directed at anyone under 18, and we do not knowingly allow under-18s to register. (Note: our Privacy Policy addresses a separate data-protection threshold for personal data of minors.)

4. Your account

4.1 Registration

You must provide accurate, current, and complete information when you register and keep it up to date. You may register with an email and password or through a supported social sign-in (for example, Google).

4.2 Account security

You are responsible for keeping your login credentials confidential and for all activity that happens under your account. Tell us at legal@dap505.com without delay if you believe your account has been accessed without your authorisation.

4.3 One person, accurate identity

You must not impersonate any person or organisation, misrepresent your affiliation, or create an account using another person's identity or details. Agents and organisations acting for others must have authority to do so.

5. Our role — DAP/505 is an intermediary

This section is important. Please read it carefully.

DAP/505 provides a marketplace and a set of tools. We help users discover each other, negotiate the terms of a booking, agree and sign a contract, and pay and get paid. That is the whole of our role.

We are not a party to any booking. Every Booking is a direct agreement between the users involved — typically an artist (or their agent) and a promoter (or host). The contract for the performance is between those users, not with DAP/505.
We are not an employer, agent, manager, promoter, producer, or talent agency, and we do not act as one for any user. An agent's representation of an artist is a relationship between those users, not with us.
We do not guarantee that any artist will be booked, that any event will proceed, that any user will perform, attend, pay, or behave as agreed, or that any user is who they claim to be. We do not endorse any user, event, or content.
We do not control users' conduct, the quality or legality of any performance or event, the accuracy of any listing, or the outcome of any Negotiation.
We are not responsible for resolving disputes between users. If a dispute arises between you and another user, you resolve it between yourselves. We may, at our discretion, provide records we hold (such as chat or contract history) where lawful and appropriate, but we are under no obligation to mediate, and we are not liable for the outcome.

Because bookings are agreements between users, you are responsible for satisfying yourself about the other party, the terms you agree, and your own legal, tax, licensing, insurance, health-and-safety, and regulatory obligations in connection with any event or performance.

6. Roles and responsibilities

You may hold one or more roles. Whichever role you use, you agree to act honestly and in good faith and to honour the commitments you make on the Platform.

Artists are responsible for the accuracy of their profile, availability, and technical requirements, and for performing any Booking they accept.
Agents must have authority to act for the artists they represent, must represent that authority accurately, and are responsible for the actions they take on an artist's behalf (including applying to events, negotiating, signing contracts, and any agreed commission arrangement between agent and artist, which is a matter between them).
Promoters are responsible for the accuracy of their events, for holding the rights and permissions needed to run them, and for honouring the terms they agree with artists, including payment.
Hosts are responsible for the accuracy of venue information and for the lawful operation of their venue.

You are responsible for the content you post and the messages you send, and for ensuring you have the rights to share them.

7. Bookings and negotiations

7.1 How a booking is formed

Promoters create events; artists apply, or promoters invite artists. Terms are worked out through the in-app Negotiation across topics such as fee, technical rider, local transportation, hospitality, travel, lineup, and contract. A Booking is formed when the parties reach agreement through the Platform's booking and contract flow.

7.2 The agreement is between users

The terms you agree — fee, dates, obligations, cancellation terms, and anything else — form a contract between the users involved. DAP/505 provides the tools to reach and record that agreement but is not a party to it (see §5).

7.3 Proposals and acceptance

Proposals, acceptances, and declines you make through the Platform reflect genuine offers and decisions. Do not send proposals you do not intend to honour. Once you accept a proposal or sign a contract, you are expected to perform accordingly.

8. Contracts and electronic signatures

The Platform lets users upload or generate a Contract and sign it electronically. By signing a Contract on the Platform:

you agree that your electronic signature is valid and has the same legal effect as a handwritten signature, to the extent permitted by applicable law (including Regulation (EU) No 910/2014 (eIDAS));
you confirm you have the authority to sign, whether for yourself or an organisation you represent;
you accept that DAP/505 provides the signing tool but is not a party to, witness to, or guarantor of the Contract, and does not verify its legal sufficiency for your circumstances.

Either eligible party may initiate a Contract where the Platform allows it. The counterparty signs first and the initiator counter-signs, or as otherwise directed by the Platform flow. You are responsible for reviewing a Contract before signing and for keeping your own copy. We recommend you take independent legal advice on any Contract that matters to you.

9. Fees and payments

9.1 Service Fee

DAP/505 charges a Service Fee for use of the Platform. The Service Fee is shown to you in the app before a payment is confirmed. Fee amounts may depend on the booking value and the currency, and we may change them from time to time; the amount shown at the point of payment is the amount that applies to that transaction.

9.2 Payment processing

Payments are processed by our Payment Processor, Stripe (including Stripe Connect for payouts to artists and agents). By making or receiving payments on the Platform you also agree to the Payment Processor's applicable terms. To receive payouts, artists and agents must complete the Payment Processor's onboarding and identity checks; we do not control those checks and are not responsible for their outcome.

We do not store your full payment-card details. Card and bank data are handled by the Payment Processor.

9.3 Currencies

The Platform supports payments in EUR, USD, and GBP. The currency of a booking is determined by the receiving artist's payout configuration. Where amounts are shown across currencies, exchange handling is performed by the Payment Processor and may be subject to its rates and fees.

9.4 Installments

Where a booking is paid in installments, each installment is due on the schedule shown in the app. Failure to pay an installment when due may result in the booking being treated as in default under the terms agreed between the users, and may affect the artist's payout.

9.5 Payouts

Payouts to artists (and, where applicable, a share to an agent as configured between the artist and agent) are made through the Payment Processor after the relevant conditions are met. The timing of a payout depends on the Payment Processor and the receiving account's status. DAP/505 does not hold your funds as a bank and does not guarantee payout timing beyond initiating payments through the Payment Processor.

9.6 Taxes

You are responsible for your own taxes. Fees and payouts shown on the Platform may be exclusive of VAT or other taxes. Determining, collecting, reporting, and paying any taxes (including VAT, income tax, and withholding) arising from your use of the Platform, your bookings, and your payouts is your responsibility, not ours. We may issue invoices or documentation for the Service Fee where required.

9.7 Authority to charge

By confirming a payment, you authorise us and the Payment Processor to charge the applicable amount, including the Service Fee and any agreed booking amount or installment, to your selected payment method.

10. Cancellations and refunds

Between users. Cancellation of a Booking, and any refund of a booking amount, are governed by the terms the artist and promoter agree between themselves. DAP/505 is not a party to those terms and does not decide whether a cancellation is justified or whether a refund is owed (see §5).
Service Fee. Once a Booking is confirmed, the DAP/505 Service Fee is non-refundable, except where required by applicable law or where we state otherwise in writing.
Processor mechanics. Where a refund of a booking amount is agreed between users, it is processed through the Payment Processor and is subject to its timing and any processor fees. We facilitate but do not guarantee refunds between users.
Chargebacks. If you initiate a chargeback or payment dispute, we may suspend related bookings and your account while the dispute is resolved.

[Counsel to confirm whether any statutory consumer withdrawal / cooling-off rights apply to any category of user and add the corresponding notice.]

11. Acceptable use

You agree not to:

use the Platform for any unlawful purpose, or in breach of any applicable law, regulation, or third-party right;
post false, misleading, fraudulent, defamatory, obscene, hateful, harassing, or infringing content;
impersonate any person or organisation or misrepresent your identity, role, or authority;
circumvent the Platform to avoid the Service Fee — for example, by taking a booking discovered on the Platform off-platform in order to avoid fees (fee circumvention);
upload viruses or malicious code, or attempt to gain unauthorised access to the Platform, other accounts, or our systems;
scrape, harvest, or collect data about other users except as the Platform intends;
interfere with, disrupt, or place undue load on the Platform or its infrastructure;
use the Platform to send spam or unsolicited communications; or
use the Platform to arrange anything illegal, unsafe, or that you are not licensed or permitted to do.

We may investigate and take action — including removing content, restricting features, or suspending or terminating accounts — where we reasonably believe these rules have been broken.

12. Your content

12.1 You own your content

You keep ownership of the content you post — your profile, listings, messages, uploads, and contracts ("Your Content").

12.2 Licence you grant us

To operate the Platform, you grant DAP/505 a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt (for formatting and display), transmit, and display Your Content for the purpose of providing and improving the Platform and as directed by how you use it (for example, showing your profile to users you connect with, or delivering your messages to the other participant in a chat). This licence ends when Your Content is deleted, except for copies retained as described in our Privacy Policy or required by law, and except to the extent others have already relied on content you shared with them.

12.3 Your responsibility for content

You represent that you have the rights needed to post Your Content and to grant the licence above, and that Your Content does not infringe anyone's rights or break any law.

12.4 Removal

We may remove or restrict content that we reasonably believe breaks these Terms or the law, or that exposes us or other users to liability.

13. Our intellectual property

The Platform itself — including its software, design, text, graphics, logos, and the "DAP/505" name and branding — is owned by DAP/505 or our licensors and is protected by intellectual-property laws. We grant you a limited, personal, non-transferable, revocable licence to use the Platform in accordance with these Terms. You may not copy, modify, distribute, sell, reverse-engineer, or create derivative works from the Platform except as the law expressly permits.

14. Third-party services

The Platform integrates with and links to third-party services we do not control, including the Payment Processor (Stripe), Google (sign-in and analytics), and links that users add to their profiles (such as Spotify, SoundCloud, or Instagram). Your use of a third-party service is governed by that service's own terms and privacy policy. We are not responsible for third-party services, and including them does not mean we endorse them.

15. Disclaimers

To the fullest extent permitted by law:

The Platform is provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Platform will be uninterrupted, secure, error-free, or free of harmful components, or that any defect will be corrected.
We make no warranty about users, bookings, events, or content, including any user's identity, conduct, reliability, or ability to perform or pay, or the accuracy of any listing (see §5).

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including under mandatory Portuguese and EU consumer-protection rules.

16. Limitation of liability

To the fullest extent permitted by law:

DAP/505 is not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, bookings, goodwill, or data, arising out of or relating to your use of the Platform.
DAP/505 is not liable for the acts or omissions of any user, for any Booking or Contract between users, for any event that does or does not take place, or for any dispute between users.
Our total aggregate liability to you for all claims relating to the Platform in any [12-month] period is limited to the greater of (a) the total Service Fees you paid to us in that period, and (b) [EUR 100 — amount to be confirmed by counsel].

These limits apply regardless of the legal theory and even if we were advised of the possibility of the loss. Nothing here limits liability that cannot be limited by law (for example, for death or personal injury caused by our negligence, or for fraud).

17. Indemnity

To the extent permitted by law, you agree to indemnify and hold harmless DAP/505 and its officers, employees, and agents from any claims, damages, losses, and reasonable costs (including reasonable legal fees) arising out of: (a) your use of the Platform; (b) your breach of these Terms or of any applicable law; (c) Your Content; or (d) any Booking, Contract, or dispute between you and another user.

18. Suspension and termination

18.1 By you

You may stop using the Platform and close your account at any time. Closing your account does not end obligations you have already taken on toward other users (for example, a confirmed booking) or amounts already owed.

18.2 By us

We may suspend or terminate your access, with or without notice, if we reasonably believe you have broken these Terms or the law, created risk or possible legal exposure for us or other users, or engaged in fraud, abuse, or fee circumvention, or where required by law.

18.3 Effect of termination

On termination, your licence to use the Platform ends. Sections that by their nature should survive — including §5 (our role), §9 (amounts owed), §12.2 (licence for content already relied on), §13, §15, §16, §17, §19, and §21 — survive termination. We handle data after termination as described in the Privacy Policy.

19. Governing law and disputes

These Terms, and any dispute or claim arising out of or in connection with them or the Platform (including non-contractual disputes), are governed by the laws of Portugal, without regard to conflict-of-laws rules.

The courts of the district of Funchal, Madeira, Portugal have exclusive jurisdiction, except where mandatory law (for example, consumer-protection rules) gives you the right to bring proceedings in the courts of your place of residence, which we do not seek to override.

Before starting formal proceedings, we encourage you to contact us at legal@dap505.com so we can try to resolve the matter informally.

20. Changes to these Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date above. If a change is material, we will give you reasonable notice — in the app or by email — before it takes effect. If you continue to use the Platform after a change takes effect, you accept the updated Terms. If you do not agree, you should stop using the Platform and may close your account. Previous versions are available on request.

21. General

Entire agreement. These Terms, together with the Privacy Policy and any product-specific terms presented in the app, are the entire agreement between you and DAP/505 about the Platform.
Severability. If any provision is found unenforceable, the rest stays in effect and the unenforceable provision is limited to the minimum extent necessary.
No waiver. If we do not enforce a right, that is not a waiver of it.
Assignment. You may not assign these Terms without our consent. We may assign them, for example as part of a merger, acquisition, or sale of assets, on notice to you.
Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control.
Relationship. Nothing in these Terms creates any partnership, joint venture, employment, or agency relationship between you and DAP/505.
Notices. We may give you notices through the app or by email to the address on your account. You may reach us at the contacts in §22.
Language. These Terms are provided in English. If we provide a translation, the English version governs unless applicable law requires otherwise.

22. Contact

Legal matters and these Terms: legal@dap505.com
Privacy and data: privacy@dap505.com
Postal address: DAP/505 LDA, Rua Nova de São Pedro 54, 2.º andar, Freguesia da Sé, 9000-048 Funchal, Madeira, Portugal