Welcome to the Greenroom 360 platform (“Greenroom 360”).
Greenroom 360 is a complete end-to-end business management platform designed for management agencies and teams to save time and money. As a B2B SaaS product, Greenroom 360 will drive early revenue into the business, and act as a top-of-funnel driver of musicians and bands (as favourites to follow) and their fans (as users) to the B2C app. Greenroom 360 provide Managers and Artists (as defined below) the framework to holistcally manage all aspects of administration, commercialisation and communication between themeselves and their key stakeholders. Greenroom 360 applies an additonal layer of governance and compliance to their business applications that other software platforms cannot provide.
These Terms of Use (“Terms“) are binding and govern your use of Greenroom 360, which is owned and operated by GREEN ROOM 360 Pty Ltd ACN 679 360 591 (“Greenroom”, “we”, “us”, “our”).
These Terms are to be read together with our policy relating to privacy and data protection (“Privacy Policy”) (accessible via greenroom360.com/privacy) (together the “Agreement”). To the extent of any inconsistency between these documents these Terms will prevail.
This Agreement forms a legally binding contract between you and Greenroom. By signing up to Greenroom 360, or using our Services (as defined below), or by clicking “I agree”, you agree to be bound by this Agreement whether on your own behalf as a User or whether as an Authorised User or otherwise on behalf of any entity for who you use Greenroom 360 (as each term is defined below).
The following definitions apply to these Terms:
“ Account” is defined in clause 3.
“ Act” means the Corporations Act 2001 (Cth).
“ Agreement” is defined in clause 1.4.
“ Artists” means any person or group using the Services in their capacity of musicians or music producers.
“ Applicable Laws” means the Act, the Privacy Laws, Australian Consumer Law and all other such laws, legislation, regulations, rules or directives which Greenroom, you and the Authorised User are subject to from time to time.
“API” means Application Programming Interface.
“Australian Consumer Law” means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
“ Authorised User” means those of your employees, agents and contractors who are authorised by you to use Greenroom 360 and subscribe to use Greenroom 360 via the Portal.
“ Business Day” means 9:00am – 5:00pm Monday to Friday, excluding Saturdays, Sundays and public holidays in Victoria, Australia.
“ Claim” is defined in clause 15.1.
“ Early Access Partners” means a select group of individuals or companies who have access to an early version of Greenroom 360 and the Services to provide user feedback on a not yet publicly released platform.
“ Fans” means any persons who use the Services to support, follow or track Artists.
“ Fees” means:
“ Greenroom 360” is our software platform as defined in clause 1.1.
“ GVS” means our parent company, Glasshouse Venture Studio Pty Ltd (ACN 655 397 023).
“ Indemnified Parties” is defined in clause 14.1.
“ Intellectual Property Rights” means all present and future intellectual and industrial property rights throughout the world of whatever nature (whether or not registered or registrable) including but not limited to all rights in respect of technical information, know-how, copyright, trade marks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights.
“ Liability” is defined in clause 13.5.
“Licence” is defined in clause 10.2.
“ Managers” means any person or entity using the Services in their capacity as a manager of an Artist.
“ Minor” is defined in clause 4.9.
“Portal” means the management portal to access Greenroom 360 located at https://portal.greenroom360.com/login.
“ Privacy Laws” means the Privacy Act 1988 (Cth), California Consumer Privacy Act (CCPA), the California Privacy Rights Act (CPRA) and the General Data Protection Regulation (EU 2016/679) (as applicable).
“ Privacy Policy” means the Greenroom 360 privacy policy linked in clause 1.4. ” is defined in clause 1.4.
“ Privacy Policy” means the Greenroom 360 privacy policy linked in clause 1.4.
"Related Bodies Corporate" has the meaning given in the Act.
“ Services” means all Greenroom 360 products, features, applications, services, information, technologies and software that we provide under this Agreement as set out in clause 6.
“ Terms” is defined in clause 1.3.
“ User Data” is defined in clause 10.2.
“ User” means Managers, Artists, Fans or any other person or legal entity registered, or who subscribes, to use Greenroom 360 and includes any of their Authorised Users.
“We”, “our” and “us” is defined in clause 1.2.
“ You” or “ your” means you, the User (or an Authorised User).
Any reference in this Agreement to the singular includes the plural, to any gender includes all genders, to any act or statute includes any act or statute which supersedes, replaces or modifies any earlier act or statute, to persons includes all bodies and associations both corporate and incorporated and vice versa. Paragraph headings are for reference purposes only and all references to clauses are to clauses in these Terms unless otherwise specified.
This Agreement commences upon registration of your Greenroom 360 account (“Account”) in accordance with clause 4 and will continue, on an ongoing basis, unless it is terminated by:
To access Greenroom 360 and our Services, you must sign up, create and register an Account for you or an Authorised User who you invite to access and use Greenroom 360 on your behalf. After an invitee has subscribed to use Greenroom 360 via the Portal, they become an Authorised User. You may revoke access of an Authorised User at any time and for any reason or amend their level of access (as applicable).
You are solely responsible for each Authorised User’s use of Greenroom 360 and compliance with these Terms and the Agreement.
To be eligible to use, create or register an Account, you and/or your Authorised User must:
Where you have provided us with your identity documents, we may use an external partner or other party to verify your identity as required.
You acknowledge and agree that all information you provide to us is true, accurate, complete and up to date at the time of registration. You further agree to update and keep updated your Account.
You will receive an email confirming registration with us shortly after you have created your Account.
You are responsible for maintaining the confidentiality and security of your Account and login details and all activities on or via your Account and you will take all reasonable steps to prevent your Account being misused or otherwise used unlawfully to access or use the Services. You agree to notify us immediately if you become aware of any security breach or any unauthorised use of your password or Account.
You may access your Account details and amend and/or update those details via Greenroom 360.
If you are under the minimum legal age in your country to lawfully use Greenroom 360 (“Minor”), you must immediately cease accessing Greenroom 360 unless you have permission from a parent or guardian to create an Account in accordance with clause 4.9 of these Terms. If you are found to be a Minor accessing Greenroom 360 without permission from a parent or guardian, we are entitled, at our absolute discretion, to cancel or terminate your access to Greenroom 360.
If you are a parent or guardian permitting a Minor to create an Account, you agree to:
We may, at any time, request written confirmation from a parent or guardian that you have permission to access and use Greenroom 360.
We reserve the right to take legal action and/or seek compensation for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into by a Minor or from the parent or guardian of a Minor who registers an Account or uses Greenroom 360.
We will, on occasion, provide early access to various alpha and beta versions of Greenroom 360 to [Early Access Partners] in order to test, inform and further improve future releases of the Services (“ Early Access”).
Instead of paying to use Greenroom 360, by using the Services covered by these Terms, you acknowledge that we may show you ads that businesses and organisations pay us to promote on and off Greenroom 360. You may also purchase tickets, products and services on Greenroom 360 where we make a commission or other form of economic benefit on each transaction via affiliate relationships or directly via the sale of the Services.
If you obtain Early Access, you agree to provide us with ongoing feedback, including recommendations, suggestions and ideas, potential changes, and enhancements in relation to the operational and functional capabilities of Greenroom 360 and the Services. Your right, title and interest in any feedback you provide to us is assigned to us and is not considered as confidential or sensitive information about you. In providing feedback to us, you agree that we are free to make unrestricted use of the Early Access feedback without any right to payment or attribution to you.
We have no obligation under these terms or otherwise to correct any bugs, defects, or errors in the Early Access or otherwise to provide any support, maintenance services, service levels, or uptime guarantees for the Services. We have no obligation to store, hold, export, return, or destroy any data or content after your Early Access has ended and create, distribute, or otherwise offer a live service to you. We have no obligation to offer services to you after the Early Access period, or to offer any discounted prices or special terms to you in relation to the live service. You agree to receive the Early Access entirely at your own
0.1 If requested by us during and after any Early Access provided, you agree to share data with us, such as but not limited to, statistics, or information about how you have used the Services. We may gather this information to enhance the Services and for marketing purposes. You will not share or advertise any information regarding your use of the Services publicly or to any third party, unless given prior written consent from us. The Services and all related data and test results are considered Confidential Information and belonging to us.
The Services and any updates related to these Services may contain errors. Any of our Services provided as part of any Early Access are still in testing phase. It is provided on an “as is“ and “as available“ basis, without any warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to any warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy. We do not warrant that the Services will function without interruption, that it will be free of malicious code and that it will be error free. It is your obligation to ensure that your data is safeguarded, and to use the Services with caution. Any data provided and configurations made by you during the Early Access will be permanently lost when the Early Access period ends.
Any Early Access provided will be subject to clause 7.1 and for the purposes set out above. Our total liability relating to the Agreement and arising out of your use of the Services shall be limited to $100 AUD. We, or any of our suppliers will not in any circumstances be liable for any damages, either indirect, incidental, special, consequential, or exemplary. Damages include but are not limited to damages for loss of business profits, interruption to business, or loss of any data or information.
We agree to use our best endeavours to provide you with the Services which involves the following:
No Fees in respect of the Early Access will be charged as per clause 5.3.
Depending on your Subscription, any applicable Fees will be as set out here www.greenroon360.com. The Fees will not be changed retrospectively, however the Fees displayed on or via Greenroom 360 are subject to change without notice. If you do not agree to these changes, you may terminate this Agreement in accordance with clause 16. By continuing to use or access Greenroom 360 or the Services you agree to any change to the Fees.
The Fees are inclusive of GST and, unless stated otherwise, are in Australian Dollars.
You agree and acknowledge that we will treat an electronic instruction as authentic and are under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
If payment of the Fees is not received by any due date, as specified to you via Greenroom 360, we will be entitled (without prejudice to any other right or remedy available to us under these Terms or at law) to:
You will make all payments for the Fees without any deduction for tax unless a tax deduction is required by law. If you are required to make a tax deduction by law, the amount due will be increased to the amount that (after making the tax deduction) upon deduction of the amount attributable to tax equals the amount which would have been due if no tax deduction had been required.
In the event you cancel your Subscription and cease paying the Fees, you will continue to have access to Greenroom 360 through to the end of your billing period in respect of the relevant Subscription, unless you are otherwise in breach of these Term or the Agreement.
Providing our Services requires collecting and using your information and User Data. We use your personal information, such as information about your activity, preferences, interests and engagement to show you ads and display products that are more relevant to you. We show you relevant and useful ads without telling advertisers who you are. We do not sell your personal data. We allow advertisers to tell us things such as their business goal and the kind of audience they want to see their ads. We then show their ads to people who might be interested. We also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on and off Greenroom 360. For example, we provide general demographic and interest information to advertisers to help them better understand their audience. We do not share information that directly identifies you (information such as your name that by itself may be used to contact you or identifies who you are) unless you give us specific permission. You may also see branded content on Greenroom 360 posted by ‘favorites’ as Account holders who promote their content, products or services based on a commercial relationship.
You must, in connection with these Terms:
Our Privacy Policy explains more about how we collect, use and share information across Greenroom, its Related Bodies Corporate and its affiliates. It sets out how we share data with GVS for the purpose of performance management, analytics, bug fixes and general improvements, enhancements and modifications of Greenroom 360. It also explains the many ways in which you can control your information, including in the Privacy Policy and account settings. We are committed to protecting your privacy and personal information. Please see our Privacy Policy www.greenroom360.com/privacy for further details about our practices relating to the collection, use, disclosure and storage of your personal information. You must also agree to the Privacy Policy to use Greenroom 360.
Providing safe and open services for a broad community requires that we all contribute to a safe and enjoyable community environment.
To be eligible to use Greenroom 360 and the Services, you must not:
As part of the Agreement, you give us the permissions we require to enable us to provide the Services.
We do not claim ownership of your user generated content, but you grant us a licence to use it. Acceptance of the Terms does not alter your rights to your content. We do not claim ownership of the content that you post on or through Greenroom 360 or the Services and you are free to share your content with anyone else, wherever you choose (“User Data”). However, we need certain legal permissions from you (known as a "licence") to provide the Services. When you share, post or upload content that is covered by intellectual property rights (such as photos or videos) on or in connection with Greenroom 360 or our Services, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide licence to host, use, distribute, modify, run, copy, publicly perform or display, translate and create derivative works of your content and User Data. You agree that we may collect and analyse your User Data in order to improve, upgrade, modify or otherwise support the operation of Greenroom 360. This licence will end when your content or User Data is deleted from our systems. You can delete content or User Data individually or all at once by deleting your Account..
Permission to use your username, profile picture and information about your preferences and actions with accounts, ads, sponsored content and partner products and services. You give us permission to show your username, profile picture and information about your actions (such as likes) or preferences (such as follows and those provided during the onboarding process and stored in your profile) next to or in connection with accounts, ads, offers and other sponsored content that you follow or engage with that are displayed on Greenroom 360 without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on Greenroom 360. As with actions on other content, follows of favourites, actions on sponsored content and engagement with sponsored content can be seen only by people who have permission to see that content, follow or data.
You agree that we can download and install updates to the Services on your device.
Additional IP rights we retain
Content removal and disabling or terminating your Account
Your use of music on the Services is also subject to our music and audio guidelines as follows:
If you use certain other API, Greenroom 360 features or related services, additional terms will be made available and will also become a part of our Agreement. For example, if you use payment features, you will be asked to agree to our Shop Policy. If there are any inconsistencies between those terms and the Terms, those other terms will govern to the extent of those inconsistencies. All current payment associated with ticketing is processed by third-party affiliate partners and you are bound by their terms and policies.
If any aspect of this Agreement is deemed void, illegal or unenforceable it will not affect the validity, legality or enforceability of the balance or remainder of the Agreement.
Any waiver to our Agreement must be in writing and signed by us. If we fail to enforce any aspect of this Agreement, it will not be deemed a waiver from us.
We reserve all rights not expressly granted to you under these Terms.
This Agreement does not give rights to any third-parties.
You cannot transfer, assign, charge, sub-contract, licence or deal in any other many with all or any of your rights or obligations under this Agreement without our prior written consent.
Our rights and obligations may be assigned in our sole discretion.
You warrant and represent to us that:
We will use reasonable endeavours to provide constant, uninterrupted access to Greenroom 360, but with any software-based product, this cannot be guaranteed. We will not be responsible or liable for any direct or indirect losses or damages suffered or sustained by you as a result of, or in connection with, any interruption or delay in accessing and using Greenroom 360 or the Services.
Our Services are provided “as is”, and we cannot guarantee that they will be safe and secure or will work perfectly all the time. To the extent permitted by law, we also disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
We also do not control what people and others do or say, and we are not responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content).
We are not responsible for any services or features offered by third-parties, other people or other companies, even if you access them through Greenroom 360 or our Services.
Our responsibility or liability for anything that happens on Greenroom 360 or the Services (also called “ liability”) is limited to the fullest extent permissible by law. Our total liability relating to the Agreement and arising out of your use of the Services shall be limited to the total amount paid by the User under this Agreement in the 12 months prior to the first event giving rise to the liability. If there is an issue with our Services, we cannot know what all the possible impacts might be. You acknowledge and agree that we will not be liable for any lost profits, revenues, information or data, or consequential, special, indirect, exemplary, punitive or incidental damages arising out of or related to Greenroom 360, these Terms, or the Agreement, even if we know that they are possible. This includes if we delete your User Data, content, or information, or if we terminate, disable or delete your Account.
0.1 You agree to indemnify and hold us, our Related Bodies Corporate, our affiliates, and our officers, directors, employees and contractors (collectively, the "Indemnified Parties") harmless from and against any and all claims, actions, demands, proceedings, liabilities, losses, damages, expenses and costs that may be brought against the Indemnified Parties or which the Indemnified Parties must pay, sustain or incur as a direct or indirect result of or arising out of:
Unless otherwise required by law, you agree that the claim must be resolved exclusively in Victoria, Australia, that you submit to the jurisdiction of these courts for the purpose of litigating any such claim, and that the laws of Victoria, Australia will govern these Terms, the Agreement and any claim, without regard to conflict of law provisions.
0.1 Without prejudice to the foregoing, you agree that, in its sole discretion, Greenroom may at our discretion also bring any claim that we have against you related to efforts to abuse, interfere or engage with Greenroom 360, our Services and products in unauthorised ways in Victoria, Australia, or in the country in which you reside that has jurisdiction over the claim.
You may terminate this Agreement immediately by deletion of your Account. You must pay any Fees that are outstanding or due and payable in connection with this Agreement.
We may immediately suspend, disable, terminate or delete your Account if you breach this Agreement including any of our policies.
We may at our discretion terminate this Agreement and delete your Account for any reason on 30 days’ notice to you.
We may terminate this Agreement and delete your Account immediately by providing written notice to you if you:
A notice of termination of this Agreement can be given by any means including by SMS or email.
If your Account is terminated for any reason, your profile, posts and everything else you’ve added will be permanently deleted. Please be aware that it may take us up to 90 days to delete your User Data and the relevant content.
Your User Data or other content may not be deleted within 90 days of the Account deletion the following situations:
We may use feedback or other suggestions provided by you without any restrictions or obligation to compensate you for them. Further, we are under no obligation to keep such feedback or suggestions confidential.
From time to time, we may change our Services, Terms, the Agreement and/or policies. To ensure the most up to date versions of our Services, Terms, the Agreement and policies are accurately reflected, we may need to make consequential changes to these Terms from time to time.
Unless otherwise required by law, you acknowledge and agree that we may amend this Agreement by posting an updated version of the Agreement to Greenroom 360 or the website. Such amendments will be binding on you at the time the updated Agreement is posted on Greenroom 360 or the website, or such other time notified to you by us. If any amendment to this Agreement detrimentally affects your rights or obligations, we will provide you with written notice before such amendments are to take effect. If you do not agree to any detrimental amendment to this Agreement, you may terminate this Agreement immediately by providing written notice to us upon receipt of which your Account will promptly be rendered inaccessible. If you continue to use Greenroom 360 and/or the Services after receipt of such written notice then this will be deemed to be acceptance of the amendment. You may not amend the Agreement unless otherwise agreed by us in writing and signed by us.
If any term or provision of this Agreement is held by a court to be void, illegal or unenforceable under the applicable law that term or provision will be severed from this agreement and the remaining terms and conditions will be unaffected.
This Agreement does not modify, restrict or exclude any additional rights you may have under additional laws whether in the country in which you are accessing the Services or under the Australian Consumer Law that cannot be so modified, excluded or restricted.
We may, at our absolute discretion, provide you support in relation to your use of the Greenroom 360.
You may access help documents to diagnose any issues that you are facing here. If, after reasonable efforts, you are unable to access or find the information relevant to you, you may contact us at customer@greenroom360.com.
We will endeavour to provide support on Business Days, however this cannot be guaranteed.
There are certain situations or events that may occur which will not be within our reasonable control. Where this occurs, we will notify you of these circumstances and attempt to recommence providing Greenroom 360 or the Services as soon as we are able. In such circumstances there may be a delay (sometimes a substantial delay) before we can start or continue providing Greenroom 360 or the Services.
Date: FEB 2025
