Terms of Service
Originally effective July 8, 2026 · Changes effective August 6, 2026
These Terms of Service (the “Terms”) are a binding agreement between you and Ner-D-Bird LLC, an Alabama limited liability company (“Ner-D-Bird,” “we,” “us,” or “our”), governing your use of the MusterSheet platform available at mustersheet.com and its related services (the “Service”). Please read them carefully. Questions? Contact us at support@mustersheet.com.
1. Acceptance of These Terms; Changes
By creating an account, purchasing a shoutout, submitting content, or otherwise accessing or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service. If you use the Service on behalf of a school, band program, booster organization, or business, you represent that you have authority to bind that organization, and “you” includes that organization.
Account creation requires affirmative acceptance of the then-current Terms and acknowledgment of the then-current Privacy Policy and beta terms. We record the versions accepted, the time of acceptance, and the registration method so we can document that agreement.
We may update these Terms from time to time. If we make a material change, we will post the updated Terms at this page, update the “Last updated” date above, and, for changes that materially affect account holders, provide notice by email or in-app notification before the change takes effect. Your continued use of the Service after a change takes effect constitutes acceptance of the revised Terms. If you do not agree to a change, stop using the Service and, if applicable, cancel your subscription before the change takes effect.
2. Eligibility
- You must be at least 16 years old to create an account.
- If you are under 18, you may hold an account only with the consent and supervision of a parent or legal guardian, or in your capacity as authorized by a school official, and that adult or institution is responsible for your use of the Service.
- Students never hold accounts. Student roster records maintained by booster organizations (see Section 4) are records about students, created and controlled by the booster organization — they are not accounts and carry no login.
- Fan features (the public live schedule, shoutout purchases, and Fan Favorite voting) do not require an account and are not directed to children under 13.
- You may not use the Service if you have previously been removed from it by us for violating these Terms.
3. Your Account
You must provide accurate registration information and keep it current. You are responsible for all activity under your account and for keeping your credentials confidential. Notify us promptly at support@mustersheet.com if you suspect unauthorized use of your account. Passwords are stored only as one-way cryptographic (bcrypt) hashes; you may also sign in with a Google account if you choose.
Administrative Support Access. Solely when reasonably necessary to provide support requested by a user or an authorized representative of the user’s organization, or to diagnose, reproduce, or resolve a reported problem, an authorized MusterSheet administrator may initiate a temporary session that permits the administrator to access the Service through a user’s account (“Support Access”). Support Access may allow the administrator to view information available to that account and to take actions using that account’s permissions. You acknowledge and authorize this limited access as part of our providing the requested support. We do not need, receive, or view the user’s plaintext password to initiate Support Access.
Support Access is limited to authorized administrators, is time-limited, and is not used for routine monitoring or for purposes unrelated to support. MusterSheet records identifying information about Support Access sessions, including the administrator, the account accessed, and when access begins, in its administrative logs. When an administrator manually ends a Support Access session, that exit is also recorded. We may also disable accounts that violate these Terms or that pose a risk to the Service or its users.
4. Roles on the Platform
The Service supports several kinds of participants. The role you act in determines what you can see and do:
- Band directors register their bands for competitions, manage band and school information, and receive scores, written feedback, and judge audio commentary through the judges packet after a host publishes results.
- Hosts are directors (or their designated co-hosts and staff) who organize and operate a competition: they configure the event, accept registrations, set fees and refund policies, invite judges and staff, run the day-of schedule, and publish results.
- Judges are invited per competition to score performances and provide written and audio feedback that is delivered to the performing band’s director.
- Announcers are invited per competition to run the public-address flow, including reading approved shoutout messages aloud.
- Volunteers staff a host’s check-in table or shoutout cash station for a specific competition.
- Vendors maintain a business profile, apply for booth space at competitions, and may upload supporting documentation.
- Booster organization staff (officers such as presidents and treasurers) manage their organization’s finances, calendar, communications, and student roster records, including student fee balances and payment history.
- Parents link to their own students’ roster records through a private email-match link, a private family link or printed QR code issued for their household, a short claim code provided by an officer, or a per-parent email invitation, and can view balances and make payments for their students.
- Fans use public features without an account: viewing the live schedule, purchasing shoutouts, and voting for Fan Favorite.
5. Hosts and Booster Organizations Are Independent Operators
Ner-D-Bird provides the software platform. We are not the organizer, promoter, sponsor, or operator of any competition or event listed on the Service. Each competition is organized and operated by its host, and each booster organization is operated by its own officers. Hosts and booster organizations are independent of Ner-D-Bird and are not our agents, employees, or partners.
- Event terms — including entry fees, registration deadlines, refund policies, cancellations, postponements, and weather decisions — are set by the host under the host’s published policies, not by Ner-D-Bird. Requests for event-fee refunds must be directed to the host and are resolved under the host’s policy.
- We are not responsible for the conduct of any host, booster organization, judge, vendor, volunteer, or attendee, or for the safety, quality, legality, or occurrence of any event.
- Booster organizations are solely responsible for the accuracy and lawful handling of the student records, financial records, and communications they manage through the Service, and for having the authority (including any required parental consent) to enter and use that information.
6. Fees and Payments
Card payments on the Service are processed by Stripe, Inc. (“Stripe”). Card numbers are entered on Stripe-hosted payment pages and never touch our servers; we store only amounts, payment status, and payment references. By paying by card through the Service you also agree to Stripe’s applicable terms.
- Registration fees and shoutouts. Directors may pay competition registration fees, and fans may purchase shoutout messages, by card through Stripe Checkout.
- Connected-account direct charges. Payments made to a competition host (such as registration fees) and payments made to a booster organization (such as a parent paying a student’s fees) are processed as direct charges on that host’s or organization’s own Stripe Connect account. For those payments, the host or booster organization — not Ner-D-Bird — is the merchant of record, and the funds settle to their Stripe account. A card-processing fee, capped at the cost of processing, is added to the payer’s total for these charges and is shown before you confirm payment.
- Subscriptions. Certain features (such as Booster Financials) are offered as a paid subscription billed through Stripe Billing, with a free trial before the first charge. Subscriptions renew automatically until canceled; you may cancel at any time, effective at the end of the current billing period. We will give account holders advance notice of any price change before it applies to a renewal.
- Beta pricing. During the 2026 beta season, paid tiers are provided free of charge (see Section 7).
- Cash and checks. The Service can record cash and check payments (for example, at the shoutout cash station or for mailed registration checks), but those funds are collected and handled physically by the host’s or organization’s own staff. Ner-D-Bird never takes possession of cash or checks and is not responsible for their handling.
- Refunds. Refunds of event fees and shoutouts are governed by the host’s published policy (and Section 8 for declined shoutouts). When a refund is issued through Stripe, our records are updated automatically to reflect it. Amounts you owe for subscriptions to Ner-D-Bird are non-refundable except where required by law or expressly stated otherwise.
7. Beta Status and Service Availability
The Service is currently offered in beta for the 2026 marching season. Beta software may contain errors, may change substantially, and may experience interruptions or data loss. Features available free during the beta may become paid features afterward; we will announce pricing before charging for any currently free tier.
We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free, and we may modify, suspend, or discontinue any part of the Service at any time. Where reasonably practicable we will give advance notice of discontinuation of a material feature. You are responsible for maintaining your own copies of information you need outside the Service (the Service provides export tools for certain records, such as booster ledgers).
As a condition of participating in the beta, account holders agree to provide reasonable, good-faith feedback through the Send Feedback button when we request it or when they encounter a material issue. There is no minimum frequency or quantity of feedback required. Unless we agree otherwise in writing, feedback is not confidential, and you grant us permission to use it to operate, improve, and commercialize the Service without restriction or compensation. We will not publicly identify you as the source without your permission.
8. Your Content
“Your Content” means the content you submit to the Service, including shoutout messages, band logos, avatar images, judge audio commentary and written feedback, booster posts and comments, and vendor documents. You retain ownership of Your Content.
- License to us. You grant Ner-D-Bird a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, transmit, and distribute Your Content as needed to operate and improve the Service — including, for shoutout messages, permission for the event announcer to read the message aloud at the event and for the message to be displayed to event staff.
- Moderation. Content may be screened (including automated profanity screening), and shoutout messages are subject to host approval. We and the host may edit for readability, decline, or remove content at our discretion. If a paid shoutout is declined by the host or by moderation, the purchase price will be refunded.
- Content rules. You may not submit content that is profane, harassing, defamatory, obscene, hateful, or threatening; that impersonates any person or organization; that violates another person’s privacy, publicity, or intellectual-property rights; or that is otherwise unlawful. You represent that you have all rights needed to submit Your Content and grant the license above.
- Judge feedback. Scores, written feedback, and audio commentary submitted by judges are delivered to the relevant band’s director as part of the judges packet and used in results tabulation.
9. Acceptable Use
You agree not to, and not to help anyone else to:
- access or attempt to access accounts, data, or areas of the Service you are not authorized to access, or circumvent any access control, quota, or rate limit;
- scrape, harvest, or bulk-download data from the Service, or access the Service by automated means other than interfaces we make publicly available for that purpose;
- interfere with or disrupt the Service, including by probing, overloading, or attacking it, or by introducing malicious code;
- misrepresent your identity, affiliation, or role — including submitting scores, approvals, or payments you are not authorized to make;
- use the Service to send spam or unsolicited communications, or to collect personal information about others without authorization;
- resell, sublicense, or white-label the Service without our written agreement; or
- use the Service in violation of any applicable law or regulation.
10. Intellectual Property
The Service — including its software, design, text, graphics, logos, and the MusterSheet name and marks — is owned by Ner-D-Bird LLC or its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service as permitted by these Terms. Except for that license and your rights in Your Content, no rights are granted to you. You may not copy, modify, distribute, reverse-engineer, or create derivative works of the Service except as permitted by law notwithstanding this restriction. Feedback you send us about the Service may be used by us without obligation to you.
11. Copyright Complaints
We respond to notices of alleged copyright infringement consistent with the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe content on the Service infringes your copyright, send a notice to our designated agent at support@mustersheet.com (subject line “DMCA Notice”) including: (a) identification of the copyrighted work; (b) the URL or other location of the allegedly infringing material; (c) your name, address, telephone number, and email address; (d) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for the owner; and (f) your physical or electronic signature.
We may remove or disable access to material alleged to be infringing and may terminate the accounts of repeat infringers.
12. Privacy
Our Privacy Policy explains what information we collect, how we use it, and the choices you have — including how student roster records entered by booster organizations are handled. The Privacy Policy is incorporated into these Terms by reference.
No sale of personal or student information. Ner-D-Bird will not sell, rent, license, or exchange personal information or student information for money or other valuable consideration, or share it for cross-context behavioral advertising. This promise does not prevent the limited disclosures described in the Privacy Policy that are necessary to operate the Service, process payments, protect users and the Service, comply with law, or complete a business transfer whose recipient remains bound by this promise for previously collected information.
13. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY ABOUT THE ACCURACY OF SCORES, RESULTS, SCHEDULES, FINANCIAL RECORDS, OR OTHER INFORMATION ENTERED BY USERS, HOSTS, JUDGES, OR BOOSTER ORGANIZATIONS, AND NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, PARTICULARLY DURING THE BETA PERIOD DESCRIBED IN SECTION 7. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NER-D-BIRD LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE TOTAL FEES YOU PAID TO NER-D-BIRD LLC FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR CLARITY, FEES PAID TO A HOST OR BOOSTER ORGANIZATION AS MERCHANT OF RECORD (SECTION 6) ARE NOT FEES PAID TO NER-D-BIRD.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
15. Indemnification
You agree to indemnify, defend, and hold harmless Ner-D-Bird LLC and its members, managers, employees, and agents from and against any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Your Content; (b) your use of the Service in violation of these Terms or applicable law; (c) if you are a host, your operation of an event, including its fees, refunds, cancellations, and safety; or (d) if you act for a booster organization, that organization’s entry and handling of student and financial records, including any failure to obtain required authority or parental consent.
16. Termination
You may stop using the Service at any time and may request deletion of your account by emailing support@mustersheet.com. We may suspend or terminate your access (including disabling your account) if you violate these Terms, if required by law, or if your use poses a risk to the Service or others; where practicable we will notify you of the reason.
Upon termination, your right to use the Service ends, but the following survive: Sections 5, 6 (as to amounts already owed), 8 (license, to the extent needed to wind down), and 10 through 18. Records we are required to keep (such as financial records) are retained as described in the Privacy Policy.
17. Governing Law; Venue; Dispute Resolution
These Terms are governed by the laws of the State of Alabama, USA, without regard to its conflict-of-law rules. Subject to the informal-resolution step below, any dispute arising out of or relating to these Terms or the Service must be brought exclusively in the state or federal courts located in or serving Cullman County, Alabama, and you consent to the personal jurisdiction of those courts.
Talk to us first. Before filing a claim, you agree to contact us at support@mustersheet.com with a description of the dispute and to work with us in good faith for at least thirty (30) days to resolve it informally. Most issues can be resolved this way.
18. General Terms
- Entire agreement. These Terms, together with the Privacy Policy and any additional terms presented for a specific feature, are the entire agreement between you and Ner-D-Bird about the Service and supersede prior agreements on that subject.
- Severability. If any provision of these Terms is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.
- No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
- Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets, or by operation of law.
- Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control.
- Notices. We may provide notices by email to the address on your account, by in-app notification, or by posting on the Service. Notices to us should go to support@mustersheet.com.
19. Contact
Ner-D-Bird LLC, an Alabama limited liability company, operating the MusterSheet platform at
mustersheet.com.
Email: support@mustersheet.com