TERMS OF USE

BandStream (Private Alpha Phase)

Version 3, effective as of September 25, 2026 (previous versions: September 24, 2026, September 8, 2026, April 14, 2026). Reference to the Terms of Sale for the sale of the Pro Subscription; in article 5.3, the conditions of the trial period are now those of the Terms of Sale.

Article 1: Purpose

The purpose of these Terms of Use (hereinafter the "Terms") is to define the conditions of access to and use of the BandStream platform (hereinafter the "Platform"), accessible at https://band.stream (hereinafter the "Site").

The Terms govern the relationship between BandStream, a SAS (simplified joint-stock company) with a share capital of 1,020.00 euros, registered with the RCS of Paris under number 939 221 438, with its registered office at 60 rue François 1er, 75008 Paris (hereinafter "BandStream"), and any person accessing the Site or using the Platform (hereinafter the "User").

The Platform is currently in a private Alpha phase. Access is restricted to persons who have received an Invitation from BandStream. By creating an Account or using the Platform, the User acknowledges having read, understood, and accepted these Terms.

The sale of the paid "Pro" Subscription is governed by the Terms of Sale (hereinafter the "Terms of Sale"), available at https://band.stream/en/sales. For everything relating to that sale (plans, price, ordering, payment, term, renewal, right of withdrawal, termination, legal warranties), the Terms of Sale prevail over these Terms in the event of conflict.

Article 2: Definitions

"User": any natural or legal person who has received an Invitation, created an Account on the Platform, and uses the Services.

"Alpha User": any User admitted during the private Alpha phase by virtue of an Invitation. Unless otherwise specified, any reference to the "User" in these Terms also refers to the Alpha User, who is subject to additional obligations detailed herein.

"Invitation": a personal, non-transferable, and revocable authorization issued by BandStream allowing the creation of an Account during the Alpha phase. The Invitation may not be transferred, shared, or resold to any third party.

"Alpha Phase": a period of development and testing preceding the commercial release to the general public. Access is limited to invited Alpha Users only.

"Visitor": any person viewing the Site or an Artist Page without having an Account.

"Account": a personal space created by the User upon registration, accessible after receiving an Invitation by email from BandStream.

"Artist Page": a personalized web page created by the User, accessible via a dedicated subdomain (artist.band.stream).

"User Content": all information, text, images, photographs, logos, artist names, and any elements uploaded or entered by the User.

"Services": all functionalities made available. During the Alpha phase, certain Services may be incomplete, unstable, or subject to modification or removal without notice.

"Subscription": a paid plan taken out by a User for their Account. The Subscription is attached to the Account and its benefit extends to all Artist Pages of which the User is a member. Its content, price and conditions of sale are set out in the Terms of Sale.

"Founder Account": an Account among the first five thousand (5,000) Accounts opened on the Platform, to which the pricing terms and usage limits announced at the time of its registration are attached.

"Confidential Information": any non-public information relating to the Platform (features, interfaces, performance, bugs, roadmap, technical or strategic developments) to which the Alpha User gains access through participation in the Alpha phase.

"Feedback": any experience report, suggestion, bug report, or comment provided by the Alpha User.

Article 3: Access Conditions

3.1 Access Reserved for Invited Users

During the private Alpha phase, access to the Platform is strictly reserved for persons who have received a valid Invitation from BandStream by email. No registration can be completed without having first received this Invitation.

BandStream alone decides, at its sole discretion and without obligation to justify its decision, to whom an Invitation is sent. Having requested access does not create any right to receive an Invitation.

The Invitation is strictly personal. The Alpha User shall not transmit, share, publish, or resell it to any third party. Any breach of this obligation will result in the immediate revocation of the Invitation and deletion of the Account.

3.2 Age Requirement

Use of the Platform is reserved for persons aged at least sixteen (16) years. For minors aged 16 to 18, registration is subject to prior authorization from a legal guardian. BandStream may request proof of such authorization at any time.

3.3 Revocation of the Invitation

BandStream reserves the right to revoke an Invitation for legitimate cause, including but not limited to: the end of the Alpha phase, a breach by the Alpha User of these Terms, a strategic reorientation of the Platform, or a reduction in the number of testers. Except in cases of serious breach of these Terms, BandStream will notify the revocation with a reasonable notice period of fifteen (15) days.

Revocation of the Invitation results in the immediate suspension of access to the Account and Services. The Alpha User will have a period of thirty (30) days from the notification of revocation to download a copy of their data. After this period, the Account and all associated data may be permanently deleted.

3.4 Technical Access

Access to the Platform requires an internet connection and a compatible browser. The costs of access and equipment are borne by the User.

Article 4: Registration and Account

4.1 Account Creation

Account creation is reserved for persons who have received an Invitation by email from BandStream. The User must have a valid email address and agrees to provide accurate information and to keep it up to date.

4.2 Account Security

The User is solely responsible for the confidentiality of their login credentials and for all activity carried out from their Account. In the event of a security breach, they must notify BandStream without delay at [email protected].

4.3 Uniqueness and Personal Nature of the Account

Each User may only have one Account. The Account is strictly personal and may not be shared with any third party, even if said third party has their own Invitation. The creation of multiple accounts or any sharing of an Account is prohibited and will result in the deletion of all accounts concerned.

Article 5: Description of Services and Alpha Disclaimer

5.1 Features

The Platform allows Users to create an Artist Page grouping links to streaming platforms (Spotify, Apple Music, YouTube Music, Deezer, Tidal, Qobuz, etc.), integrate links to events and ticketing, benefit from a dedicated subdomain, and multilingual support (26 languages). Advanced features (detailed traffic analytics, advertising pixels and Google Tag Manager, unlimited releases, team members, Pro badge, priority support) are reserved for the Pro Subscription, whose content and price are described in article 5 of the Terms of Sale and on the Site's pricing page. BandStream may, at its discretion, offer all or part of them free of charge to certain Alpha Users during the testing phase; such free provision does not constitute a sale and does not imply their inclusion in the final commercial offerings.

5.2 Alpha Phase Disclaimer

The Alpha User expressly acknowledges and accepts that:

(a) the Platform is a product under development, provided "as is" and "as available";

(b) the features offered may be incomplete, unstable, modified, degraded, or removed at any time and without notice;

(d) BandStream does not guarantee the permanent availability of the Platform, nor the complete preservation of data during or after the Alpha phase;

(e) the features available during the Alpha phase do not imply those that will be offered in the final commercial version;

(f) BandStream may modify the technical architecture, interfaces, and user experience without prior notice.

(g) The disclaimers in this article do not in any way deprive the User acting as a consumer of their mandatory legal rights, particularly with respect to the legal guarantees of conformity (articles L217-3 et seq. of the French Consumer Code) and hidden defects (articles 1641 et seq. of the French Civil Code).

BandStream strongly recommends that the Alpha User keep a backup copy of all their content and information.

5.3 Pro Subscription Trial Period

The Pro Subscription may start with a free trial period. The conditions of the trial period are those of the Terms of Sale accepted upon subscription (article 5.4 of the Terms of Sale), which set out in particular its term, the information given before the payment method is entered, the first charge, the reminder sent before the trial ends, cancellation and the right of withdrawal. A trial period opened before this version came into force keeps the term stated upon its subscription.

Article 6: User Content

6.1 Ownership

The User retains all intellectual property rights over the User Content. By publishing content, the User grants BandStream a non-exclusive, free-of-charge, worldwide license limited to the duration of use of the Services, solely for the technical purposes of operating the Platform (display, caching, adaptation). This license terminates upon deletion of the content or the Account.

6.2 Content Liability

The User is solely responsible for their User Content and warrants that they hold all necessary rights. The User agrees to indemnify BandStream against any third-party claims.

6.3 Prohibited Content

It is strictly prohibited to publish any content that: (a) is unlawful or contrary to public order; (b) infringes on the intellectual property rights of third parties; (c) is defamatory, insulting, discriminatory, hateful, racist, xenophobic, homophobic, or incites violence; (d) is pornographic or involves child exploitation; (e) glorifies terrorism or crimes; (f) violates the privacy of a third party; (g) contains viruses or malicious code; (h) constitutes spam or advertising unrelated to musical activity.

Article 7: Personalized Subdomain

The subdomain is assigned on a "first come, first served" basis. The User has no ownership rights over the subdomain. In the event of termination, revocation of the Invitation, or deletion of the Account, the subdomain is immediately released and may be reassigned. BandStream may refuse, suspend, or revoke a subdomain in cases of infringement of third-party rights or abusive registration.

Article 8: Prohibited Conduct

The User shall not: (a) use the Platform for illegal purposes; (b) attempt to access BandStream's systems without authorization; (c) engage in scraping or crawling; (d) use bots or automated scripts; (e) impersonate a third party; (f) engage in cybersquatting; (g) deliberately overload the servers; (h) circumvent security measures; (i) resell or sublicense access; (j) transfer or share their Invitation; (k) communicate to uninvited third parties any information enabling them to circumvent the closed nature of the Alpha phase.

Article 9: Fair Use of the Subscription

9.1 Purpose of the Subscription

The Subscription is taken out by a User and its benefit extends to all Artist Pages of which that User is a member. It is designed for one artist, or for the various projects of a single person or a single band. It is not intended to allow a User to provide the Services to third parties, whether free of charge or for consideration.

9.2 Indicative Order of Magnitude

As an indication, use consistent with clause 9.1 leads to no more than twenty (20) Artist Pages being attached to a single Account. Exceeding this order of magnitude does not, in itself, constitute a breach of these Terms: it leads BandStream to review the actual use of the Account against clause 9.1.

By contrast, manifestly abusive use includes, in particular: (a) creating or administering Artist Pages on behalf of third parties unconnected with the User; (b) reselling, renting out, or sublicensing access to the Services or the benefit of the Subscription; (c) multiplying Accounts or Artist Pages in order to circumvent the limits of the plan taken out.

9.3 Procedure in the Event of Manifestly Abusive Use

In the event of manifestly abusive use within the meaning of clause 9.2, BandStream proceeds in the following order:

(a) a warning sent by email to the address associated with the Account, stating the facts observed and the measures expected;

(b) a compliance period of fifteen (15) calendar days from the sending of that warning, during which the User may bring their use into compliance or submit observations;

(c) upon expiry of that period and in the absence of compliance, suspension of the Subscription and then, where applicable, its termination together with that of the Account.

Any decision taken on this basis is notified with its reasons and gives rise to the internal appeal right provided for in article 12 of these Terms. In the event of a characterized emergency, in particular where the observed use compromises the security or stability of the Platform, BandStream may immediately suspend access as a precautionary measure, the warning and period provided for above then being sent without delay.

9.4 Refund

Where BandStream terminates the Subscription on the basis of clause 9.3, the User is refunded on a pro rata temporis basis for the subscription period paid for and not used, within thirty (30) days of termination. No pro rata refund is due where the User terminates their own Subscription. Other cases of termination and refund (withdrawal, discontinuation of the service, modification of the plan) are governed by articles 10 to 15 of the Terms of Sale.

9.5 Accounts Opened After the Founder Accounts

This article applies to all Accounts. However, for Accounts opened after the five thousand (5,000) Founder Accounts have been allocated, the applicable usage limits are those of the plan in force at the time of registration, as displayed on the pricing page of the Site. Where those limits are expressed in figures, they prevail over the indicative order of magnitude in clause 9.2; the procedure in clause 9.3 and the refund in clause 9.4 remain applicable. Founder Accounts retain the limits announced at the time of their registration.

Article 10: Confidentiality and Alpha User Obligations

The Alpha User acknowledges that their early access grants them access to Confidential Information. They undertake to:

(a) not disclose, publish, or share Confidential Information, whether on social media, forums, blogs, press articles, podcasts, or any other medium, without prior written authorization from BandStream;

(b) not take screenshots, video or audio recordings, or reproductions of the interfaces for the purpose of distributing them;

(d) not communicate to third parties any information about BandStream's roadmap, upcoming features, or product strategy;

(e) limit the use of Confidential Information solely to the purpose of testing and using the Platform.

Exceptions: information made public by BandStream, information the Alpha User can demonstrate prior knowledge of, and information that has become public through no fault of theirs, are not considered confidential.

This obligation survives the termination of the Account or the end of the Alpha phase for two (2) years. Any breach constitutes a serious fault resulting in the immediate deletion of the Account and revocation of the Invitation, without prejudice to damages.

Article 11: Feedback and Contributions

BandStream encourages Feedback. The Alpha User acknowledges that: (a) Feedback is voluntary and provided free of charge; (b) BandStream may use it freely; (c) it does not confer any intellectual property rights; (d) BandStream has no obligation to integrate it or report on it.

Article 12: Moderation and Account Deletion

BandStream may suspend or delete any Account in the event of a breach of the Terms, including: publication of prohibited content, prohibited conduct, sharing of an Invitation, violation of Alpha confidentiality, or provision of inaccurate information during registration. All moderation decisions (content removal, Account suspension, or Account deletion) are notified to the User concerned with an indication of the reasons for the decision, in accordance with articles 17 and 20 of Regulation (EU) 2022/2065 (Digital Services Act). In cases of manifest urgency (manifestly illegal content, serious security breach), BandStream may proceed with immediate precautionary suspension, with the reasoned notification being sent as soon as possible.

The User has a right to an internal appeal allowing them to contest any moderation decision within thirty (30) days of its notification, by sending their complaint to [email protected]. BandStream undertakes to examine this complaint within a reasonable timeframe and to notify the User of its reasoned decision. This internal appeal is free of charge.

Permanent deletion results in: the deletion of all data associated with the Account (Artist Page, User Content, statistics), the immediate release of the subdomain, and the loss of all advantages and access related to the Alpha phase.

Any third party who believes content is illegal may report it to [email protected] (LCEN). BandStream provides an accessible and clear reporting mechanism, in accordance with article 16 of the Digital Services Act.

Article 13: BandStream Intellectual Property

The Platform and all its elements are the exclusive property of BandStream. Access during the Alpha phase does not confer any intellectual property rights, including over developments inspired by Feedback.

Article 14: Hyperlinks

BandStream disclaims all responsibility for third-party websites accessible via the Platform.

Article 15: Platform Availability

BandStream endeavors to provide access 24/7, subject to maintenance and force majeure. No guarantee of uninterrupted availability is given, particularly during the Alpha phase where frequent and prolonged interruptions may occur for development, testing, maintenance, or update purposes. These interruptions do not give rise to any compensation.

Article 16: Liability

BandStream is subject to an obligation of means, assessed during the Alpha phase in light of the experimental nature of the Platform.

BandStream shall not be held liable for: content published by Users; information on third-party websites; damages resulting from the use or inability to use the Platform, except in the event of proven fault.

During the Alpha phase, BandStream specifically disclaims all liability in the event of: total or partial loss of Alpha User data; prolonged unavailability of the Platform; modification or removal of features; incompatibility with certain configurations; inaccurate or incomplete statistical results, to the extent permitted by law.

To the extent permitted by law, BandStream's total liability under these Terms shall not exceed the amount actually paid by the User during the twelve (12) months preceding the event giving rise to liability, or one hundred (100) euros if use is free of charge. This limitation does not apply in the event of personal injury, intentional misconduct, gross negligence, or under the legal guarantees of conformity and hidden defects. Nor does it apply to a User acting as a consumer or non-professional, whose right to compensation is governed by law and, for the Pro Subscription, by article 16 of the Terms of Sale.

Article 17: Personal Data

Processing in accordance with the GDPR and the French Data Protection Act (loi Informatique et Libertés). Details are provided in the Privacy Policy accessible on the Site. The Platform uses "privacy-first" analytics and includes a GDPR-compliant consent manager.

Where the User chooses to have the release-day message of the Pre-Release feature sent through their own email sending account, by providing the access credentials of that account on the Platform, the User undertakes to: (a) comply with the terms of use of their sending provider and hold the necessary rights over the declared sender address; (b) use these credentials, within the Platform, for that sending only, and keep confidential the event-receiving address the Platform provides for that account; (c) make no other use of the Visitors' addresses that may appear in the sending log of their account, and in particular not export them, keep them in a contact list or send them any other message. BandStream remains the controller of these addresses, whose consent covers this single message only. The User's provider acts on BandStream's instructions and under the contract binding it to the User; sending costs are borne by the User. If the User's account is refused, BandStream may send the message by its own means.

Article 18: Amendment of the Terms

BandStream reserves the right to amend these Terms at any time. In the event of a substantial amendment, BandStream will notify Users by email at least thirty (30) days before the new Terms take effect, specifying the nature of the amendments and their effective date. Continued use of the Platform after the amended Terms take effect constitutes acceptance. A User who does not accept the amendments may delete their Account before they take effect.

Article 19: End of the Alpha Phase and Transition

BandStream reserves the right to end the Alpha phase at any time. Upon transition to the commercial version, new Terms will be published. Alpha Users will be notified at least thirty (30) days in advance.

The end of the Alpha phase may result in: changes to available features, changes to pricing under the conditions provided in the Terms of Sale, the requirement to accept new contractual terms, and deletion of inactive accounts. BandStream will endeavor to ensure as smooth a transition as possible for Alpha Users.

Article 20: Force Majeure

Within the meaning of article 1218 of the French Civil Code, neither party shall be held liable for the non-performance or delay in the performance of any of its obligations if such non-performance or delay results from an event beyond the reasonable control of the affected party, which could not have been reasonably foreseen at the time the contract was entered into, and the effects of which cannot be avoided by appropriate measures.

The following are notably considered cases of force majeure: natural disasters, wars, terrorist attacks, epidemics or pandemics, general strikes, electrical grid or telecommunications outages, massive cyberattacks, government or regulatory decisions preventing performance of the contract.

The affected party must notify the other party as soon as possible. If the force majeure event continues for more than ninety (90) days, either party may terminate these Terms by right, by written notice to the other party, without compensation.

Article 21: Consumer Mediation

In accordance with articles L611-1 et seq. of the French Consumer Code, any User acting as a consumer has the right to free access to a consumer mediator for the amicable resolution of any dispute with BandStream.

Prior to referring the matter to the mediator, the User must have attempted to resolve their dispute directly with BandStream by sending a written complaint to [email protected].

The consumer mediator designated by BandStream is: CM2C (Centre de la Médiation de la Consommation de Conciliateurs de Justice), 49 rue de Ponthieu, 75008 Paris; telephone: +33 (0)1 89 47 00 14 (01 89 47 00 14 from France); online referral: https://www.cm2c.net/declarer-un-litige.php; email: [email protected]. Failing a satisfactory response from BandStream to their written complaint, the User may refer the matter to the mediator free of charge. The referral procedure is detailed in article 21 of the Terms of Sale.

The European Online Dispute Resolution (ODR) platform, formerly available at ec.europa.eu/consumers/odr, was discontinued by Regulation (EU) 2024/3228 with effect from 20 July 2025 and is no longer available.

Article 22: Governing Law and Jurisdiction

These Terms are governed by French law. For Users acting in a professional capacity, any dispute shall be submitted to the Commercial Court of Paris (Tribunal de commerce de Paris). For Users acting as consumers, disputes fall under the jurisdiction of the courts of the consumer's domicile or the registered office of BandStream.

In accordance with article 21 of these Terms, any consumer dispute must, prior to any court proceedings, be subject to an attempt at amicable resolution under the conditions defined in said article.

Article 23: General Provisions

Partial invalidity: the invalidity of any provision does not affect the others. These Terms, the Privacy Policy and, for Users holding a Pro Subscription, the Terms of Sale constitute the entire agreement between BandStream and the User regarding the use of the Platform. Contact: [email protected].

Article 24: Legal Notices

In accordance with article 6 of the French Law for Confidence in the Digital Economy (LCEN), the following information is brought to the attention of Users and Visitors:

Publisher: BandStream SAS, with a share capital of 1,020.00 euros, registered with the RCS of Paris under number 939 221 438, SIRET 939 221 438 00012, intra-community VAT number: FR 81939221438, registered office: 60 rue François 1er, 75008 Paris, France. Telephone: available upon request at [email protected]. Email: [email protected].

Host: IONOS SE, Elgendorfer Str. 57, 56410 Montabaur, Germany. Telephone: 09 70 808 911. Website: www.ionos.fr.

Article 25: Digital Accessibility

BandStream currently benefits from the exemption provided by article 4 of Directive 2019/882 (European Accessibility Act, EAA) for micro-enterprises (fewer than 10 employees and less than 2 million euros in annual turnover). BandStream nevertheless commits to progressively improving the accessibility of the Platform in accordance with the principles of the Référentiel Général d'Amélioration de l'Accessibilité (RGAA) and WCAG 2.1 Level AA standards.