Terms of Use

1. Who we are and acceptance of these terms

gigg.me is a platform that connects whoever books live music with whoever plays it: promoters and venues post the dates they need to fill, artists apply with their public profile, and the agreement is recorded with its contract and the paperwork regulation requires. The platform is developed and operated by Bongga S.A.S., a Colombian company identified with NIT 901.991.482, domiciled in Medellín, Colombia (hereinafter, “gigg.me”, “we” or “the Platform”).

By creating an account, accessing, or using the Platform, you state that you have read, understood, and accepted these Terms of Use and our Privacy Policy. If you do not agree, you must not use the Platform.

2. Definitions

• User: a person who creates an account and uses the Platform, either as an Artist or as a Promoter.
• Artist: a User who performs live, alone or as a group, and offers their artistic services.
• Promoter: a User who books artists: promoter, venue, company or event organizer.
• Open call: a Promoter's posting announcing a date to be filled, with its city, format and conditions.
• Application: an Artist's statement that they want to take an Open call, with the fee they propose.
• Date: a performance agreed between an Artist and a Promoter, born when the Promoter accepts an Application or when both register it by mutual agreement.
• User Content: music, recordings, images, videos, text, date data and any other material you upload or generate on the Platform.
• Services: the set of features described in section 5.

3. Eligibility and minimum age

The Platform is intended exclusively for people over 18 years old. By registering, you state and warrant that:

• You are at least 18 years old and have full legal capacity to be bound.
• The information you provide is truthful, accurate, current, and complete.
• If you use the Platform on behalf of a legal entity, you have the authority to bind it.

We do not intentionally collect data from people under 18. If we detect an account created by a minor, we will cancel it and delete the associated information in accordance with applicable Colombian law.

4. Registration and account security

• You are solely responsible for keeping your credentials confidential and for all activity carried out under your account.
• You must notify us immediately of any unauthorized use of your account at support@bongga.dev.
• We recommend enabling multi-factor authentication (MFA) when available.
• You may not assign or transfer your account to third parties without our prior authorization.

5. Description of the Services

gigg.me connects whoever books live music with whoever plays it, and puts what they agree in writing. Features include:

• Artist public profile: biography, music, videos, photos and dates, with its own link to share.
• Open calls: the Promoter posts the dates they need to fill and receives Applications in one place.
• Applications: the Artist applies to open calls stating the fee they propose.
• Dates and agreements: accepting an Application creates the Date with its terms, and the performance agreement follows from it (see section 9).
• Date paperwork: support tools for calculating withholding tax and preparing the tax support document that Colombian regulation requires from whoever pays.
• Profile analytics: visit and interaction metrics for the Artist's public profile.
• Notifications: operational alerts about Open calls, Applications and Dates.

The Services are provided “as is” and “as available”. We may modify, suspend or discontinue features, informing you when the change is substantial.

6. Price and commission

• For the Artist the Platform is free. Creating the account, publishing the profile, applying to Open calls and closing Dates has no cost, and we charge no commission on what the Artist receives.
• Whoever books pays. The Promoter pays a commission on the value of each Date closed through the Platform. The percentage and the calculation base are disclosed before closing the Date, and a Date that does not close generates no commission.
• There are no plans or subscriptions. We do not charge recurring fees nor gate features behind a monthly payment.
• We do not hold or take custody of the money of the Date. The fee is paid between Artist and Promoter by the means they agree; the Platform is not a payment service and does not act as a depositary.
• When there is a charge, it is processed by an authorized payment gateway. We do not store your full payment method data.

7. User Content and intellectual property

Your content is yours. You retain all copyright, related rights, and other intellectual property rights over the User Content you upload. gigg.me does not acquire ownership of your music or your data.

To provide you the Service, you grant us a limited, non-exclusive, worldwide, revocable, royalty-free license to host, reproduce, process, technically adapt, and display User Content, solely to operate, maintain, and improve the Platform and to display your public profile when you configure it to be shown. This license ends when you delete the content or your account, except for temporary technical backups or what we must retain by law.

By uploading User Content, you state and warrant that:

• You are the rights holder or hold all authorizations, licenses, and assignments necessary over the copyright and related rights of the content, in accordance with Law 23 of 1982, Law 44 of 1993, Law 1915 of 2018, Andean Community Decision 351 of 1993, and the international treaties ratified by Colombia (the Berne Convention and WIPO treaties).
• The content does not infringe copyright, trademarks, image rights, privacy, or any other third-party right.
• You are solely responsible for the User Content and for the legal consequences arising from its upload, publication, or use.
• You will hold Bongga S.A.S. and gigg.me harmless against any claim, lawsuit, penalty, damage, or expense (including attorneys' fees) arising from an infringement committed through your content.

We reserve the right to remove any content that, in our reasonable judgment, infringes third-party rights or violates these Terms, without prejudice to any legal action that may apply.

7 bis. gigg.me as a technological intermediary

gigg.me operates as a technology and hosting service provider (intermediary) that makes career-management tools available to Artists. We have no obligation to actively supervise, filter, or monitor User Content, and we act under a notice-and-takedown scheme: we remove or block infringing content once we receive a valid notice (section 8). Accordingly, Bongga S.A.S. and gigg.me are not the authors, publishers, or persons responsible for User Content, which is generated, controlled, and published by each Artist under their sole responsibility.

8. Third-party copyright and infringement notices

We respect intellectual property and expect our users to do the same. If you believe that content hosted on the Platform infringes your copyright, you may send us a notice at support@bongga.dev including:

• Identification of the protected work and of the allegedly infringing material (with its URL or location).
• Your contact information.
• A good-faith statement that the use is not authorized by the rights holder, its agent, or the law.
• A statement that the information is accurate and that you are the rights holder or authorized to act on their behalf.

We will handle notices in accordance with Colombian copyright law (Law 23 of 1982 and related rules) and the international treaties ratified by Colombia. We may remove the content, notify the affected user, and, in the case of repeated infringement, cancel the corresponding account.

9. Dates, contracts and paperwork

When a Promoter accepts an Application, the Platform records the Date with the agreed terms and allows generating the performance agreement from that data. About this:

• The contract is entered into exclusively between the Artist and the Promoter. Bongga S.A.S. / gigg.me is not a party to the contract, does not guarantee its performance and assumes no liability for what is agreed, including cancellations and no-shows.
• The available contract template is designed solely for performances held in Colombia and is governed by Colombian law. It must not be used for performances outside Colombia, since its validity and clauses may not fit other jurisdictions.
• The withholding tax and tax support document tools are support tools calculated from the data the parties enter. They do not constitute tax or accounting advice, and do not relieve whoever pays from their obligations as a withholding agent nor from verifying the information with their accountant.
• The templates and calculations do not constitute legal advice. We recommend reviewing every contract with a lawyer before signing it, especially in high-value transactions.
• You are responsible for the accuracy of the data you enter and for obtaining the signature of the parties. Electronic signature, when used, is governed by Law 527 of 1999.

10. Acceptable use policy

You agree not to use the Platform to:

• Upload false, fraudulent, or misleading information.
• Upload content that infringes copyright or other third-party intellectual property rights.
• Impersonate another artist, person, or entity.
• Reverse-engineer, bypass authentication, scrape, or compromise the security of the Platform.
• Introduce malware or place an unreasonable load on our infrastructure.
• Use the Platform for unlawful activities, money laundering, or financing prohibited activities.

Breaching these rules may result in the suspension or immediate termination of your account.

11. Communications and notifications

By registering and providing your contact details, you agree to receive communications related to the Service (account notices, Open calls matching your profile, Applications received, confirmations and reminders of Dates, Platform updates) by email, WhatsApp, SMS or other channels you enable.

In particular, the WhatsApp number you provide is used to notify you about what happens with your Open calls, Applications and Dates. Providing that number constitutes your express consent to receive these notifications, which you may revoke as indicated in this section.

• You can adjust or revoke consent for non-essential communications from your profile settings or by writing to us at support@bongga.dev.
• Some operational communications (security, changes to the terms, legal notices) are necessary to provide the Service and cannot be turned off while you keep an active account.
• We do not share your phone number with third parties for commercial purposes unrelated to providing the Service.

12. Data protection and habeas data

The processing of your personal data is governed by Law 1581 of 2012 (general regime for personal data protection / habeas data), Decree 1377 of 2013, and other related rules of the Republic of Colombia. Bongga S.A.S. acts as Data Controller. Learn about your rights as a data subject, the purposes of processing, and the procedure to request access, update, correction, or deletion of your data in our Privacy Policy.

13. Suspension and termination

We may suspend or cancel your account if you breach these Terms, if the law requires it, or if your use poses a risk to the Platform or to third parties. When reasonable, we will notify you in advance. You may cancel your account at any time from your profile settings. Termination does not affect obligations accrued before cancellation or clauses that by their nature must survive (intellectual property, limitation of liability, indemnity, governing law).

14. Disclaimer of warranties

To the maximum extent permitted by law, the Services are provided “as is”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Platform will be free of errors or interruptions, nor the accuracy of financial estimates. Nothing in these Terms limits any non-waivable rights granted to you under Law 1480 of 2011 (Consumer Protection Statute) or other mandatory rule.

15. Limitation of liability

To the maximum extent permitted by law, Bongga S.A.S. and gigg.me will not be liable for indirect, incidental, special, punitive, or consequential damages, nor for lost profits, lost data, or lost opportunities, arising from the use or inability to use the Platform. In particular, we assume no liability for User Content, for contracts entered into between Artists and Contracting Parties, or for decisions you make based on information from the Platform. Use of the Service is at your own risk.

In any case, and to the maximum extent permitted by law, the total accumulated liability of Bongga S.A.S. and gigg.me to you for any claim related to the Platform will not exceed the greater of: (i) the amount you paid for the Service during the twelve (12) months prior to the event giving rise to the claim, or (ii) two hundred thousand Colombian pesos (COP 200,000). This limitation does not apply to liability that cannot be excluded or limited under mandatory Colombian law.

16. Indemnity

You agree to indemnify and defend Bongga S.A.S., gigg.me, and their officers, employees, and partners against any claim, lawsuit, loss, damage, or expense (including reasonable legal fees) arising from (i) your User Content, (ii) breach of these Terms, (iii) violation of third-party rights, or (iv) contracts you enter into through the Platform.

17. Changes to these Terms

We may modify these Terms periodically. If the changes are substantial, we will notify you by email, within the Platform, or through other enabled channels, with reasonable notice before they take effect. Continued use of the Platform after they take effect implies acceptance of the updated Terms.

18. Governing law and dispute resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Colombia. The parties will attempt to resolve any dispute through direct, good-faith negotiation. If no agreement is reached, the parties submit to the jurisdiction of the competent courts of Medellín, Colombia, except for any rights that mandatory law grants consumers to appear before the court of their domicile or before the Superintendence of Industry and Commerce.

19. General provisions

• Assignment: you may not assign these Terms without our consent; we may assign them to a successor or affiliated entity.
• Severability: if a clause is found invalid, the remaining clauses remain in effect.
• Entire agreement: these Terms and the Privacy Policy constitute the entire agreement between the parties regarding the Platform.
• No waiver: failure to exercise a right does not imply its waiver.

Contact

For questions about these Terms, intellectual property notices, or legal matters, write to us at: support@bongga.dev
Bongga S.A.S., NIT 901.991.482, Medellín, Colombia.