About these Terms
These Terms of Service (the “Terms”) are an agreement between you and Evgeniy Igorevich Telegin (Телегин Евгений Игоревич), an individual registered in Russia as self-employed under the professional income tax regime (the “operator”, “we”, “us”), on the use of the BardWay service (the “Service”). This version is for users outside Russia, Armenia, Azerbaijan, Belarus, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan and Uzbekistan; the other versions open from the region switcher at the top of the page.
The Privacy Policy and the Music and Copyright Policy apply together with these Terms. You accept these documents by ticking the box in the rules window after you sign in to your account. If you do not agree with them, do not use the Service.
We may change these Terms. A new version is published on this page with its date. We tell you about significant changes in the Service and ask you to accept the new version; until you do, you cannot continue using your account. If you do not agree with the new version, you can stop using the Service and ask us to delete your account.
What BardWay is
BardWay is a service for musician streamers and their viewers: the streamer’s song catalog, song requests and the queue, a chat bot, a Twitch extension, pages for OBS, “Learn a song” voting, the design of the streamer’s page, a public profile, sharing of song presets and notifications.
The Service keeps evolving: features may appear, change or disappear. We try to warn about noticeable changes in advance.
Your account and signing in
You can sign in to the Service with an e-mail address and a password, with VK ID, Twitch or Google. Which sign-in methods are available depends on the country you are in; the Service determines it from your IP address. In Russia, signing in with Twitch and Google is not available: if you are going to use the Service from there, add an e-mail and password or VK ID as a sign-in method in the settings in advance.
You can confirm your identity with Twitch, YouTube or VK — one platform of your choice. Identity confirmation lets us show your platform nickname with a “confirmed” badge. On its own it is not a way to sign in and does not create an account. Signing in with Twitch, Google or VK ID confirms your identity with that account (a Google account counts as YouTube) if your identity has not been confirmed yet; you can change this in the settings.
A streamer can also connect platforms — Twitch and YouTube — so that the bot and stream start detection work. When a streamer signs in with Twitch or Google, the Twitch channel or the YouTube channel of that account is connected to their project if no channel of that platform is connected yet. Connecting a platform is not in itself a way to sign in.
Provide accurate information and keep your password secret. You are responsible for what is done in your account. If you lose access or suspect that someone else is using your account, change your password and write to us.
We may access content placed in the Service only to keep it working and secure and to handle complaints.
Age
You may use the Service from the age of 14, or from a higher age if the law of your country sets one for using such services. If you are under 18, you confirm that a parent or other legal guardian agrees to you accepting these Terms and using the Service. Children below the minimum age may not create an account; if we learn of such an account, we will delete it.
Plans
The core features of the Service are free (the FREE plan). Some features belong to the PRO and PRO+ plans. Payments are not accepted at the moment. Before we start accepting payments, we will publish the terms of payment, renewal and refunds as a separate document.
Permitted and prohibited use
The Service is meant for managing a song catalog, viewer requests and related stream automation. You may not use the Service to break the law, to post illegal or offensive content, to infringe the copyright and related rights of others, or to collect other users’ personal data or pass it to third parties without permission.
You also may not abuse the Service: inflate requests, spam through the bot, bypass plan limits, impersonate others, interfere with the Service or try to access other people’s accounts.
The rules for uploaded material, page design and the public profile are set out in “User content and page design”, “What you may not post” and “Advertising in page design”.
User content and page design
User content is everything you upload or enter into the Service: images and GIFs of the page design (cover, side banners, avatar), the page title, song titles and descriptions, lyrics and chords, bot command and reply texts, and the content of the public profile: name, country and city, languages, the “About” text, instruments, favorite songs and links.
By uploading content you confirm that you created it yourself or have the right to use it, and that publishing it does not break the law or anyone’s rights: copyright, trademarks, a person’s right to their image. You are responsible for your content.
You keep the rights to your content. You grant us a free permission to store and process it (compress, resize and convert it) and to show it on your public pages and in widgets. This non-exclusive permission is needed only to run the Service, applies worldwide and lasts while the content is published and while a complaint about it is being reviewed.
The page design and the public profile are seen by all visitors, including minors. They must suit any audience: “18+” material is not allowed.
Filling in the public profile is optional, and it is hidden by default. Visitors see it only after your separate consent to publishing personal data. Add only what you are ready to show. You can hide the profile or remove anything from it at any time.
Published images and texts are public. Visitors can save them, and we cannot prevent that.
What you may not post
User content, including the page design, the page title and the public profile, must not contain:
- material prohibited by the law of the Russian Federation, where the operator and the Service’s servers are located, or by the law of the country where you are;
- pornography, nudity and sexualised images, including drawn, blurred or partly covered ones;
- any material that sexualises minors;
- realistic or shocking violence, injuries, gore;
- methods of suicide and self-harm, or calls for them;
- drugs and other psychoactive substances, their sale and use;
- symbols of and calls by extremist and terrorist organisations, incitement to hatred, discrimination on any ground;
- insults, harassment, threats, defamation, publishing other people’s personal data;
- impersonating another person, streamer or company, including the operator or administration of BardWay or a streaming platform, and imitating the Service’s buttons and interface;
- links, QR codes and captions leading to phishing, malicious or fraudulent resources;
- other people’s art, logos and photos of people without the permission of the rights holder or the person shown.
This list is not exhaustive. We decide whether material breaks the rules. Similar material on another streamer’s page does not make yours acceptable — it is better to report such material to us.
Advertising in page design
The page design is a showcase of your channel, not an advertising space.
You may show your nickname, logo, mascot, your own art, and the names and logos of your social networks and your own merchandise. Links and QR codes are not allowed in the page design, even if they lead to your own resources.
Third-party advertising is prohibited in any form: sponsors and partners, banners, logos and slogans of other brands, promo codes, referral and affiliate links. The name or logo of another service in the page design counts as advertising it — except the logos of the platforms where your own accounts are, next to your nickname.
Gambling is prohibited completely and without exceptions: casinos, slots, roulette, betting and bookmakers, lotteries, case opening and skin gambling, including “free”, “social” and crypto versions. This covers names, logos, promo codes, screenshots and any references to such services.
You also may not promote, even if it is your own project:
- pyramid schemes, “easy money”, dubious crypto and investment projects, payday loans;
- drugs, prescription medicines, dietary supplements and “miracle cures”;
- adult services;
- tobacco, vapes, hookahs, alcohol;
- weapons;
- viewer botting, account sales, hacking.
The same rules apply to the public profile with one difference: there you may link to your channels, social networks, donation pages, music and merchandise. Sponsored, referral and affiliate links, promo codes and links to anything listed above are prohibited in the profile as well.
Moderation
We do not review content in advance and are not obliged to monitor it. But we may review content at any time and, without prior notice, hide, delete or reset the page design, the page title, the public profile or other material if it breaks these Terms or the law.
The page design or the public profile can be hidden automatically only temporarily, after viewers’ complaints — see “How to report a violation”. Decisions on the measures in “Measures for violations” are made by a person.
We are not liable for a violation not being found or removed immediately if we acted within the time limits set by law. Files of disputed material are kept until the complaint has been reviewed; the complaint itself and the decision on it are kept as described in the Privacy Policy. We comply with lawful requests of public authorities and court decisions within the required time limits. If material points to a threat to someone’s life or health, we may report it to law enforcement.
Measures for violations
Depending on how serious a violation is and whether it is repeated, we may:
- (1) delete or hide material, reset the page design to the default look or clear the public profile in full or in part;
- (2) forbid changes to the page design or the public profile for a period or indefinitely; while the ban is in force, they are not shown;
- (3) temporarily suspend access to the Service;
- (4) permanently delete the account and the project without the possibility of recovery and forbid registering again.
For serious violations we may apply measure (4) straight away. Serious violations include sexual material involving minors, extremism, gambling advertising, drugs, fraud and phishing.
A repeated violation of the same kind leads to a stricter measure. We tell you about the measure taken by e-mail to the address of your account (if your account has no e-mail address — on your request to info@bardway.com) and give the reason and the rule broken, unless the law forbids it.
How to report a violation
If you see content or behaviour that breaks these Terms or the law, click “Report” at the bottom of any public page or streamer profile, open the form at bardway.com/report or write to info@bardway.com. Give the page link, what exactly breaks the rules and why.
If two different people report the page design or the public profile, it is automatically hidden from viewers until a manual review. After the review the design or profile is restored, or the streamer is subject to the measures in “Measures for violations”.
Complaints are reviewed by a person. The streamer does not learn who reported them, unless the law or a rights holder’s notice requires disclosing it. Repeated complaints from one person about the same material are not counted. Knowingly false, mass or harassing complaints themselves break these Terms.
Appeals
If you disagree with a measure, reply to the e-mail about it or write to info@bardway.com within 14 days of the notice. Give the link to your project and your arguments. A person will review the decision, and you will receive a reply within a reasonable time. Each decision can be appealed once.
Automatic hiding of the page design or profile after complaints is lifted after the review — you do not need to appeal it separately.
Copyright
For material posted by users we act as an information intermediary (Article 1253.1 of the Civil Code of the Russian Federation): we do not select or modify this material and do not check it in advance.
If you are a rights holder or their representative and believe that your rights are infringed in the Service, the procedure, the contents of a notice and the time limits are described on the page “For rights holders”. We review a complete notice within 24 hours of receiving it and remove the material or restrict access to it, unless we have evidence that it was posted lawfully (in that case we send this evidence to the sender). We notify the streamer, who may send a counter-notice with evidence of lawful use. Repeated infringements lead to measures up to deleting the account.
The rules for songs in the catalog, lyrics and chords are set out in the Music and Copyright Policy.
Personal data
We process personal data under the Privacy Policy. User data is stored on servers in the Russian Federation. The public profile is shown to visitors only with your separate consent.
Do not post other people’s personal data in the Service without their consent.
Links to external resources
The Service may contain links to third-party websites and materials, including links that streamers add to their public profiles. We do not check them in advance and are not responsible for their content, rules or availability; you follow such links at your own risk. We may remove a link that breaks these Terms.
Ending access
You can stop using the Service at any time and ask us to delete your account by writing to info@bardway.com.
We may suspend or end your access to the Service if there are grounds to believe that your use of the Service breaks the law, harms other users or breaks these Terms.
When access is ended permanently for a violation, the project, the page design and the content are deleted without the possibility of recovery. We keep only the information we are required to keep by law and the data needed to enforce the ban on registering again.
How the Service works
We try to keep the Service running without interruptions and errors but cannot guarantee it: the Service depends on platforms, donation services, hosting and the internet. The Service is provided as it is, to the extent the law allows. The Service may be temporarily unavailable during maintenance.
Liability
We are liable for breaching these Terms where we are at fault and up to the actual damage, unless the law provides otherwise.
We are not liable for outages and changes in the work of platforms, donation services and other third-party services, for the actions of other users or for content they post, except where the law expressly provides for such liability.
If third parties or public authorities bring claims against us because you broke these Terms or the law, you compensate the resulting losses as provided by law.
Governing law and disputes
These Terms are governed by the law of the Russian Federation, where the operator is located. If you use the Service as a consumer, this choice of law does not deprive you of the protection given to you by the mandatory rules of the law of the country where you live, where those rules apply.
If a dispute arises, write to info@bardway.com: we will reply within 30 days and try to settle the matter by negotiation. If we cannot agree, the dispute is decided by the competent court under the rules of jurisdiction that apply to it. If you are a consumer, you may also go to the courts available to you under consumer protection law.
Contact
Send questions about these Terms and the Service to info@bardway.com. Information about the operator is on the page “Operator information”.