Terms & Conditions

These terms cover your use of GigPenguin, run by ThreeThirtyThree & Sons LLC ("we", "us"): the site at gigpenguin.com, the gig pages we host and the emails and texts we send. By creating an account or using a gig link you agree to them. Our Privacy Policy explains what we collect and who can see it.

What GigPenguin does

GigPenguin lets a bandleader put a gig's details on one page, send each player a private link to it, and see who has answered. We're a messaging and scheduling tool. We don't hire players, book gigs, handle money or take part in any agreement between a bandleader and the players they hire.

The pilot

GigPenguin is in a private pilot. It's free for now, and we'll tell you the price and ask before we charge you anything. Features may change or be removed while we learn what works. Players never pay.

Bandleaders

• You must be at least 18 to create an account.
• Keep your account details accurate and your password to yourself. You're responsible for what's done in your account.
• Add only people you're actually booking or working with, and only contact details they gave you for that purpose.
• Before you add a mobile number for texts, the player must have agreed to receive gig texts from your band. When you tick the consent box, you're telling us they did.
• You own what you put into GigPenguin. You let us store it, show it to the players you send it to and send the messages you ask us to send, only to run the service.

Players

You don't need an account. Your gig link is personal: anyone who has it can see the gig and answer for you, so don't forward it. If you got a link meant for someone else, let the bandleader know. Pay, terms and anything else about the gig are between you and the bandleader.

Text messages

GigPenguin sends two kinds of texts. GigPenguin gig texts go to players a bandleader has added with their consent: gig offers, changes to a gig, reminders to answer, and a note if an offer is withdrawn. GigPenguin gig alerts go to bandleaders who turn them on in settings: a player declined or dropped out.

• How often depends on how many gigs you're on; we send no more than 10 texts a day to one number.
• We don't text between 8 pm and 9 am your time; those texts wait until morning.
• Message and data rates may apply.
• Reply STOP to any text to stop receiving them, and START to get them again. Reply HELP for help, or email support@gigpenguin.com.
• Carriers aren't liable for delayed or undelivered messages.
• We never send marketing texts, and we never share mobile numbers or consent with third parties for their marketing.

Acceptable use

Don't use GigPenguin to:

• send marketing, spam or messages to people who haven't agreed to hear from you;
• harass anyone, or post anything unlawful or that you don't have the right to share;
• get into accounts, links or data that aren't yours, or test our security without asking us first;
• overload, scrape or resell the service.

We may remove content or suspend an account that breaks these rules.

Ending your account

You can close your account at any time by emailing support@gigpenguin.com. We may close an account that breaks these terms, and we'll tell you why unless the law or someone's safety stops us.

No guarantees

We work hard to keep GigPenguin running and your messages delivered, but we provide it as it is and can't promise it will always be available, error-free, or that every email or text arrives. Keep your own way of reaching your players for anything that can't wait.

To the extent the law allows, we aren't liable for indirect or consequential losses, such as a missed gig or lost earnings, and our total liability to you is limited to what you paid us in the 12 months before the claim (during the free pilot, that's nothing). Nothing here limits rights you have that the law doesn't let us limit.

Governing law

These terms are governed by the laws of the State of Ohio and the United States, without regard to conflict-of-law rules. Any dispute that we can't settle by talking it through goes to the state or federal courts in Ohio, unless the law where you live gives you the right to bring it there instead.

Changes to these terms

If we change these terms, we'll update the date at the top. For a change that matters, we'll email bandleaders before it takes effect. Using GigPenguin after that means you accept the new terms.

Contact

Questions about these terms: support@gigpenguin.com. Privacy questions: privacy@gigpenguin.com.