Terms of Service
Effective 2026-06-28. Draft pending attorney review — these terms are a working starting point and have not yet been reviewed by counsel.
1. Agreement
These Terms govern your access to and use of the Mainstay AV platform (the "Service") operated by Mainstay AV Co, a Utah corporation ("Mainstay," "we"). By creating an account or using the Service you agree to these Terms. If you use the Service for an organization, you represent that you may bind that organization.
2. The Service
Mainstay AV is software for staffing live-event audio/visual crews — posting events, dispatching and confirming crew, scheduling, timesheets, invoicing, media, messaging, and (where enabled) processing client payments and contractor payouts. Mainstay AV Co also operates as a staffing agency of record: where applicable, the client pays Mainstay and Mainstay pays the crew.
3. Accounts & eligibility
You must provide accurate information, keep your credentials secure, and be responsible for activity under your account. Accounts are for business use by individuals 18 or older. We may suspend or close accounts that violate these Terms.
4. Roles
Clients request and pay for crew. Contractors are independent 1099 service providers who accept shifts and are paid for completed work; they are not employees of Mainstay unless separately engaged as W-2 staff. Administrators/dispatchers manage events on behalf of an organization.
5. Payments & payouts
Payments and payouts are processed by Stripe and are subject to the Stripe Services Agreement and Connect Account Agreement. Clients authorize charges for invoiced amounts. Contractors authorize payouts to their connected Stripe account and are responsible for completing identity/tax verification (e.g., W-9) before being paid. Contractors are responsible for their own taxes; Mainstay may issue tax forms (e.g., 1099-NEC) as required by law. Fees, rates, and any platform fees are disclosed at the time of a transaction or in your agreement with Mainstay.
6. Acceptable use
Don't misuse the Service: no unlawful activity, no infringing or harmful content, no attempts to breach security, access other organizations' data, or disrupt the Service. You're responsible for content you upload (media, documents, messages) and confirm you have the right to share it.
7. Your content & data
You retain ownership of content you upload. You grant Mainstay a limited license to host and process it to provide the Service. Our handling of personal information is described in our Privacy Policy.
8. Intellectual property
The Service, including its software and brand, is owned by Mainstay AV Co. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service; no other rights are granted.
9. Disclaimers
The Service is provided "as is" without warranties of any kind to the extent permitted by law. Mainstay does not guarantee uninterrupted or error-free operation. Mainstay is not a party to any side agreements between clients and contractors beyond its stated agency role.
10. Limitation of liability
To the maximum extent permitted by law, Mainstay will not be liable for indirect, incidental, or consequential damages, and our total liability for any claim is limited to the amounts you paid to Mainstay for the Service in the three months before the claim.
11. Indemnification
You agree to indemnify Mainstay against claims arising from your misuse of the Service, your content, or your violation of these Terms or applicable law.
12. Termination
You may stop using the Service at any time. We may suspend or terminate access for violations or to protect the Service. Provisions that by their nature should survive (payments owed, IP, disclaimers, liability limits) survive termination.
13. Governing law
These Terms are governed by the laws of the State of Utah, without regard to conflict-of-laws rules. Venue lies in the state or federal courts located in Utah.
14. Changes
We may update these Terms as the Service evolves and will revise the effective date above. Continued use after changes means you accept them.
15. Contact
Mainstay AV Co · 3731 W South Jordan Pkwy Ste 102-325, South Jordan, UT 84009 · hello@mainstayav.com