Terms of Service

These Terms of Service (“Terms”) govern your access to and use of Tourwire (“the Service”), provided by Brennan Dugan (“we”, “our”, “us”). By creating an account or using the Service, you agree to be bound by these Terms.

1. The Service — a tool, not an agent

Tourwire is a software tool that helps musicians find venues, draft and send outreach, manage bookings, track expenses, and plan tours. It is provided as a hosted web and mobile application.

Tourwire is software you operate, not a booking agent, publicist, marketing agency, or sender acting on your behalf. We do not contact venues, press, or contacts for you; we do not decide who you reach out to, what you say, or when. Every action taken through the Service is your action. You are the principal and decision-maker at all times.

2. Account terms

• You must be at least 13 years old (or 16 in the EU) to use Tourwire.
• You are responsible for keeping your account credentials secure.
• You are responsible for everything done under your account.
• You agree to provide accurate information when you sign up and to keep it current.

3. You are the sender of record

When you send an email, SMS, or any other message through Tourwire, you are the sender of record — legally, the message comes from you, not from Tourwire. It goes out under your name, your band, and the accounts you connect. You compose or approve the content, you choose the recipients, and you decide to send.

Because you are the sender, you — not Tourwire — are responsible for the content of every message, for the fact that it was sent, for who received it, and for any consequences, complaints, disputes, or claims that result. Tourwire provides the tooling; you provide the judgment, the list, and the send.

4. Your own accounts and sending costs

Tourwire sends through accounts you own and connect— for example, your own Google/Gmail account for email and your own SMS/voice provider account (such as Twilio) for text messages. You are responsible for opening, funding, configuring, and maintaining those accounts, and for complying with each provider’s own terms, sending limits, and policies.

• You bear all sending and usage costs. Per-message SMS fees, phone-number rental, carrier surcharges, email-provider charges, and any overage or penalty billed by your providers are yours to pay. Tourwire does not reimburse them.
• You are responsible for your accounts’ standing. If a provider rate-limits, throttles, suspends, or bans an account you connect, or damages its sending reputation, that is between you and that provider.
• We strongly recommend using a dedicated sending address and number — not your primary personal inbox or phone — for outreach.

To the maximum extent permitted by law, Tourwire is not liable for any cost, loss of access, suspension, or reputational harm to any account or number you connect.

5. Legal compliance is your responsibility

You are solely responsible for ensuring that your outreach is lawful in every jurisdiction you send to and receive in. This is not optional, and Tourwire does not do it for you. At a minimum, you are responsible for:

• CAN-SPAM (US) — honest headers and subject lines, a valid physical postal address, a working opt-out, and honoring opt-outs promptly.
• GDPR and ePrivacy (EU/EEA/UK) — cold outreach into the EU/UK is strictly regulated. You must have a valid lawful basis (and, where required, consent) to process contact data and to send marketing, provide the required notices, and honor data-subject and objection rights. Assume EU cold outreach carries real legal risk and treat it accordingly.
• CASL (Canada) and any other anti-spam, telemarketing, SMS/TCPA, or data-protection law that applies to you or your recipients.
• Your own contact and consent basis.You are responsible for having a lawful basis to hold and use every contact you reach — whether you imported it, sourced it from Tourwire’s directories, or gathered it yourself — and for maintaining your own suppression and unsubscribe records.

Contact information surfaced through Tourwire’s directories is compiled from publicly available sources and is provided to help your research. It does not constitute consent to be contacted, and its presence in the Service is not legal permission to send to it. Confirming that a given contact may lawfully be reached is your responsibility.

6. No deliverability or results guarantees

Tourwire may offer tools — sending caps, warm-up pacing, randomized timing — designed to reduce the risk of deliverability problems. We do not guarantee that any message will be delivered, will land in an inbox rather than a spam folder, will receive a reply, or will result in a booking. We do not guarantee reply rates, open rates, or any outcome. We do not guarantee that any venue, booker, or contact information surfaced through the Service is current, accurate, or reachable.

7. Acceptable use

You agree not to use Tourwire to:

• Send spam, unsolicited bulk email, or anything that violates CAN-SPAM, CASL, GDPR, ePrivacy, or similar laws
• Harass, threaten, or defame any person or venue
• Misrepresent yourself, your band, or the origin of a message
• Scrape, crawl, harvest, or bulk-exportvenue, booker, contact, press, radio, or other data from the Service — whether by hand, by automated scripts, bots, or headless browsers, or by abusing the Service’s own features, endpoints, or APIs to extract data at a scale beyond your own genuine booking use
• Access the Service through automated means, or circumvent (or attempt to circumvent) any rate limit, usage cap, access control, or authentication
• Copy, compile, republish, sell, license, sublicense, or redistribute any Tourwire directory or dataset, in whole or in part
• Reverse-engineer, probe, or disrupt the Service or its infrastructure
• Violate any applicable law

The directories are for your own booking, not for extraction. The venue, booker, press, and radio directories are provided to you under a limited, revocable, non-transferable, non-exclusive license to research and contact venues for your own booking activity only. The compilation, verification, cleaning, and organization of this data is Tourwire’s proprietary work product and is protected as such, even where individual underlying facts derive from public sources. Bulk extraction, scraping, or resale of the directories — in whole or in part — is expressly prohibited.

To protect the data and the Service for everyone, we may rate-limit, cap, monitor, throttle, watermark, suspend, or terminate access at any time, with or without notice, if we detect scraping, bulk extraction, or other abuse. Tourwire seeds its directories with traceable monitoring records to detect and attribute misuse. We may suspend or terminate accounts that violate these rules without notice, and we reserve all remedies available to us at law.

8. Your content

You retain ownership of all data you put into Tourwire — your venues, bookings, contracts, expenses, messages, and so on. By using the Service, you grant us a limited license to host, process, transmit, and display that content for the sole purpose of operating the Service for you.

You are solely responsible for the contents of any outreach messages, SMS, or contracts you send through Tourwire, including complying with anti-spam and privacy laws and respecting unsubscribe and opt-out requests.

9. Fees

Tourwire may be offered with free and paid plans. Paid features will be clearly identified before purchase. We may change prices with at least 30 days’ notice for existing subscribers. Payments are processed by third-party providers (such as Stripe or Apple In-App Purchase). Refunds are handled on a case-by-case basis. Any Tourwire subscription fee is separate from, and does not include, the sending and usage costs you pay to your own email and SMS providers (see Section 4).

10. Termination

You can delete your account at any time from the Profile page. We may suspend or terminate accounts that violate these Terms or that pose a security or legal risk. Upon termination, your data is removed as described in our Privacy Policy.

11. Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, whether express or implied. We do not guarantee that the Service will be uninterrupted, error-free, or that any venue, booker, or contact information surfaced through the Service is current or accurate.

Email and messaging accounts.As described in Sections 3–6, Tourwire helps you send through accounts you connect and control. You are solely responsible for those accounts, for staying within your providers’ limits and terms, and for any consequences to them. To the maximum extent permitted by law, Tourwire is not liable for any loss of access to, suspension of, or harm to the reputation of any account you connect.

12. Limitation of liability

Tourwire is a tool, and you are responsible for how you use it. To the maximum extent permitted by law, in no event will Tourwire or its operator be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, goodwill, account access, or sending reputation, arising out of or in connection with your use of the Service, your outreach, or your compliance (or non-compliance) with any law. Our total liability for any direct damages will not exceed the amount you paid us (excluding third-party sending costs) in the twelve months preceding the claim, or $100, whichever is greater.

13. Indemnification

You agree to indemnify and hold harmless Tourwire and its operator from any claims, damages, fines, penalties, or expenses (including legal fees) arising from your use of the Service, your content, your outreach, the accounts you connect, or your violation of these Terms or any law — including anti-spam and data-protection laws such as CAN-SPAM, CASL, GDPR, and ePrivacy.

14. Changes

We may update these Terms from time to time. When we make material changes, we will notify you in the app or by email. Continued use of the Service after a change indicates acceptance of the new Terms.

15. Governing law

These Terms are governed by the laws of the State of Tennessee, USA, without regard to its conflict-of-law principles. Any disputes will be resolved in the state or federal courts located in Nashville, Tennessee.

16. Contact

Questions about these Terms? Email brennandug@gmail.com.