StageDB Service Agreement

For StageDB, the Equipment Database module, the Online Risk Assessment module, and the Smart Technical File module.
The Data Processing Agreement under the European General Data Protection Regulation (GDPR) forms part of these Terms of Service.

Thank you for selecting the StageDB Services (referred to as “services” or ”products”) offered by Blumano Ireland Limited (referred to as “StageDB”, “we”, “our”, or “us”). Review these Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and Blumano Ireland Limited. By accepting electronically (for example, by clicking “I Agree”), accessing or using these Services, you agree to these terms. If you do not agree to this Agreement, then you may not use our Services. If you are entering into this Agreement on behalf of another company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions as its authorised representative, in which case the terms “you” or “your” will refer to such entity and its affiliates as well as you. If the legal entity that you represent does not agree with these terms and conditions, you must not accept this Agreement, register, and use or access these Services as an authorised representative.

1 Agreement

This Agreement describes the terms governing your use of our Services.
Any terms provided separately to you for these Services, including product or program terms, ordering, activation, payment terms, data processing agreements, etc.
You must be at least 18 years of age to use our Services. By accessing or using our Services you agree that:
You can form a binding contract with StageDB;
You are not a person who is prohibited from receiving these Services under the laws of the Republic of Ireland, England, Wales, or any other applicable jurisdiction; and
You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations, including import and export regulations.

2 Services

Each of the following products and services are referred to in this Agreement as a “Service” and together as “the”, “these” or “our” Services:

Equipment Database Module Contents. The Service (referred to also as “EDB”) includes the ability to name, define, allocate, compile technical information related to equipment owned or managed. StageDB is not responsible for the Content uploaded by you and it is not responsible for any mistaken or improper allocation of model database documents to your equipment. Please make sure that you associate the correct equipment with the related models available in the service module. Do not reveal confidential or other information that you do not want to make public.

Online Risk Assessment Module Contents. The Service (referred to also as “ORA”, “ORA Basic” or “ORA Pro”) includes the ability to carry out risk analysis or risk assessments for equipment, machinery, controls, installations and processes related to the entertainment industry. Please note that while every effort is made to ensure that the information provided by ORA is correct, it is not infallible.
You must remember that ORA is an application and a tool designed to provide you with a framework to perform the risk assessment process and does not provide you with advice.
StageDB will not be held responsible for design, safety and financial decisions made based on information provided by ORA. The risk analysis or risk assessment carried out through ORA cannot guarantee that all applicable hazards pertinent to the task, process, machinery, machinery installation and/or equipment are sufficient to cover all factors to be considered when addressing the safety provisions as laid down in the applicable laws, regulations or directives.
StageDB cannot guarantee that the ORA risk analysis or risk assessment process is carried out in parallel with the design process of the item object of the assessment.
StageDB will not be deemed responsible for any damages caused, directly or indirectly, by accessing the application, by the incapacity or impossibility to access it, by relying on or using information contained therein.
StageDB reserves the right to modify the Content of the ORA application and of these legal statements at any time and without notice.
StageDB is not responsible for the design, criteria, rationale and application of the risk matrices you may use to estimate the risks.
Some of ORA Basic module outputs may be conditional to other “StageDB services”; these other services are listed in the ORA service description.
If you are a user of ORA Pro, you may be required for at least one of your users to have a Blumano Risk Assessment training certificate.

Smart Technical File Contents. The Service (referred to also as “STF”) includes the ability to upload, name, categorise, allocate, tag and compile technical information related to equipment owned or managed by your company. StageDB is not responsible for the Content uploaded by you and for any mistaken or improper categorisation of Contents to projects or bundles. Do not reveal confidential or other information that you do not want to make public, unless you want to make available this information to third parties. Users may post hypertext links to Content of third parties for which StageDB is not responsible.

Modification to Services. We have the right, in our sole discretion, to revise, update, or otherwise modify our Services or alter your access to the Services; and for material changes, to the extent reasonably possible, we will provide you with reasonable notice either posted on the website hosting the Services or to the Administrator’s (as defined below) email address. Note that we may modify the amount of storage space you have through these Services and the number of times (and the maximum duration for which) you may access the Services in a given period of time. In the event we need to maintain the security of the system or comply with any laws or regulations, we reserve the right to modify these Services immediately, and to provide the Administrator with electronic or written notice within thirty (30) days after any material modifications. You may reject any changes to our Services by discontinuing your use of these Services to which such changes relate. Your continued use of our Services will constitute your acceptance of and agreement to such changes.

3 Your Rights to Use This Service

These Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use our Services and only for the purposes described by StageDB. StageDB reserves all other rights in these Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, StageDB grants to you a personal, limited, nonexclusive, non-transferable right and licence to use the Services.
You agree not to use, nor permit any third party to use, the Services or Content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not:

Provide access to or give any part of these Services to any unauthorised third party.
Reproduce, modify, copy, deconstruct, sell, trade or resell these Services.
Make these Services available on any file-sharing or application hosting service.

4 Users

Types of Users

The Services allow the following types of access and user rights: When you initially register for and create an account for a Service, you are, or a party that you authorise is, the Manager (“Manager”). Managers may authorise additional individuals to access our Services through the same account (“Additional Users”). The number of Additional Users may be limited based upon the subscription you purchase. Additional Users may include, for example, your employees, contractors, and collaborators. You may be referred to in this Agreement as “you”, “your”, or “User”, or you may be referred to specifically in your applicable role as an Additional User or a Manager. All Users will be required to accept this Agreement before accessing these Services.

For Managers

As a Manager, the following applies to you: Only Managers may designate another individual as a replacement Manager. You agree that Additional Users are StageDB customers, but that you are responsible for your Additional Users’ access to the Services, provided, however, any employee that you only grant access to the StageDB Service for purposes of viewing reports or project bundles shall not be considered a StageDB customer. Depending on the types of access rights you grant to Additional Users, Additional Users may be able to delete, copy, or view the Content and data accessible in your account and add modules to the licence subscription. As Manager, you are responsible for the access to the Services you grant to Additional Users. If you choose to terminate your access to a Service or delete all of the data in a StageDB account, no one will be able to access such Service or any of the data within such Service. You agree to provide sufficient notice to Additional Users in regard to your intention to terminate their access to these Services before taking such actions. A violation of any terms of this Agreement by an Additional User may result in the termination of a Manager’s or any Additional User’s access to our Services.

For Additional Users

As an Additional User, the following applies to you: When you register to access an account for which you are not a Manager, you understand that you are accessing the Service as an Additional User and you may not have the same level of access or the same rights as a Manager. Depending on the types of rights you are granted by the Manager, you may be able to delete, copy, or view other User’s Content and data. Please make sure that you have an agreement with the Manager about your role and rights. If a Manager chooses to close or terminate access to a Service, Additional Users will no longer be able to access such Service or any of the Content within such Service. As an Additional User, you understand that if you violate this Agreement, your access to our Services may be terminated, and we retain the right to also terminate access for any other Users of the same account.

5 Payment

For Services offered on a payment or subscription basis, the following terms apply if you are the User paying for these Services, unless StageDB notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for these Services:

Payments will be billed to you by StageDB in EURO (€) (plus any and all applicable taxes including, without limitation, VAT) as shown in the product ordering and subscription terms, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for these Services.
You must pay with a valid credit card acceptable to StageDB.
If your payment and registration information is not accurate, current and complete, and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse your use of our Services.
If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service we will send you a 7-day reminder email, followed by a 15-day reminder email. If after 30 days the payment method is not updated, StageDB will deactivate your account. Your data and Contents will be kept for 90 days and after such period, the account may be closed or deleted.
We will automatically renew your monthly or annual Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement.
Additional cancellation or renewal terms may be provided to you on the website for these Services.

6 User Contents

You are responsible for your Content. You are responsible for all materials, data, and personal information (“Content”) uploaded or stored through your use of our Services. You grant StageDB a worldwide, royalty-free, non-exclusive licence to host and use any Content provided through your use of these Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures.
StageDB is not responsible for the Content or data you submit through these Services.
You agree not to use, nor permit any third party to use, the Services to upload, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal, national or foreign law;
Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
Except as permitted by StageDB in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
Virus, trojan horse, worm or other disruptive or harmful software or data; and
Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.

StageDB may freely use the feedback you provide. You agree that StageDB may use your feedback, suggestions, or ideas in any way, including in future modifications of our Services, other products or services, advertising or marketing materials. You grant StageDB a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free licence to use the feedback you provide to StageDB in any way.
StageDB may monitor your Content. StageDB may, but has no obligation to, monitor Content on our Services. To the extent permitted by law, by agreeing to these Terms, you consent to StageDB’s disclosure of non-personal data. StageDB, in its sole discretion, may refuse to post, compile, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

7 Additional Terms

Professional Advice

StageDB does not give professional advice. Unless specifically included with these Services, StageDB is not in the business of providing legal, engineering, compliance, certification or other professional services or advice. Consult blumano.com if you need this type of assistance.
We may tell you about other services. You may be offered other services, products, or promotions by StageDB (other “StageDB Services”). Additional terms and conditions and fees may apply.

Trial Version

If you registered for a trial use of our Services, you will have access to these Services for the specified period of the trial (“Trial Period”). You must decide to purchase a licence to the Services within the Trial Period in order to retain access to any Content or data provided or created during the Trial Period. If you do not purchase a licence to the Services by the end of the Trial Period, you will not be able to access or retrieve any of the data or Content you added to or created with the Services during the trial.

Early Access Features

From time to time, we may include new or updated features in these Services (“Early Access Features”). Early Access Features may have associated fees, which will be disclosed to you at the time you choose to use the Early Access Features. We understand that your use of any Early Access Features is voluntary. You understand that once you use an Early Access Feature you may be unable to revert back to a prior non-early access version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Early Access Features back to the prior non-early access version.
The Early Access Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and information from any connected device. You acknowledge and agree that all use of any Early Access Features is at your sole risk.

8 Registration

You must ensure that the details provided by you during the registration process or at any time are correct and complete.
You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
You will manage your passwords. You are responsible for securely managing your password(s) for our Services and to contact StageDB if you become aware of any unauthorised access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve these Services. You agree to receive these updates.

9 Limitation of Liability and Indemnity

To the maximum extent permitted by applicable law, the entire liability of StageDB for all claims relating to this Agreement shall be limited to the amount you paid for the services during the twelve (12) months prior to such claim. Subject to applicable law, StageDB is not liable for any of the following:

(a) indirect, special, incidental, punitive or consequential damages;

(b) damages relating to failures of telecommunications, the internet, electronic communications, corruption, security, loss or theft of data, viruses, spyware, loss of business, revenue, profits or investment, or use of software or hardware that does not meet StageDB systems requirements.

The above limitations apply even if StageDB have been advised of the possibility of such damages. This Agreement sets forth the entire liability of StageDB, its affiliates and your exclusive remedy with respect to the Services and its use. Notwithstanding the foregoing, no provision of this Agreement shall exclude or limit liability to the extent that such exclusion or limitation is prohibited by the applicable laws of Ireland for the avoidance of doubt StageDB does not exclude liability for: (i) death or personal injury caused by its negligence or the negligence of its officers, employees, contractors or agents; (ii) fraud or fraudulent misrepresentation; (iii) any other liability which cannot be lawfully excluded by contractual agreement of the parties.
You agree to indemnify and hold StageDB and its affiliates and suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “claims”). StageDB reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claims. You agree to reasonably cooperate as requested by StageDB in the defense of any claims.

10 Cancellation and Refund Policy

Cancellation policy

To cancel a subscription, navigate to your billing settings and deselect the StageDB module you want to cancel.
Cancellation will be effective the same day you make the request, but you will retain access to the paid-only features for the period you have already paid for.
For instance, if you have a yearly subscription, and cancel on the seventh month, you will still have five months’ worth of service left on your subscription. Once that period is over, your access will expire, and you will not be charged again unless you re-subscribe.
If you are a manager and you want to cancel the entire StageDB account, you need first to delete all the users, edit your profile and then cancel your account.
If your subscription expires but you don’t cancel your account, your Contents will be kept stored for six months and after that period your Contents will be deleted.

Refund policy

Users must cancel their subscription before renewal if they do not wish to be charged. To help in this endeavour, StageDB sends out an email notice when their renewal is 15 days away for annual and monthly subscriptions.
Here at StageDB, we understand that sometimes life gets in the way and people get busy. This is why we will honour refund requests on annual subscriptions up to 5 days from the date of billing.
To request a refund please contact us at support@stagedb.com.
Monthly subscriptions are ineligible for refunds, except in cases of double billing or other clerical errors.

11 Service Level

StageDB provides a 99.9% Uptime commitment.
Downtime is the overall number of minutes StageDB is unavailable during a StageDB fiscal year and it excludes the following:

Slowness or other performance issues with individual features (e.g. link expansions, search, file uploads)
Issues that are related to external apps or third parties, including shared channels
Any products or features identified as early access features or similar
External network or equipment problems outside of our reasonable control, such as bad routing tables between your internet service provider (ISP) and our server.
Sometimes we need to perform maintenance to keep StageDB working smoothly.
If scheduled downtime is necessary, we’ll give you at least 48 hours’ advance notice.
In a year, scheduled downtime won’t exceed 20 hours.

12 Changes

We reserve the right to change this Agreement at any time, and the changes will be effective when posted through our Services, on our website for these Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of these Services indicates your agreement to the changes.

13 Termination

StageDB may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using our Services and any outstanding payments will become due must be settled. Any termination of this Agreement shall not affect StageDB’s rights to any payments due to it.

14 Governing Law and Jurisdiction

This Agreement will be governed by the laws of Ireland, without regard to its conflicts of law principles. Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of StageDB’s or its Suppliers’ intellectual property rights may cause StageDB irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that StageDB shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect StageDB’s rights under this Agreement. The parties hereby submit to the exclusive jurisdiction of the courts of Ireland and you agree that you will procure that any third party making a claim against StageDB arising out of this Agreement shall bring such claim exclusively in the Irish courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.
StageDB does not represent that the Services and/or Content within these Services is appropriate or available for use in all jurisdictions or countries. StageDB prohibits accessing Content from within countries or states where such Content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to our Services in your jurisdiction.

15 Language

Any translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.