Version 2026.1.0
1.1 These terms and conditions (“Terms and Conditions”) govern the provision and use of the platform and services (as defined below) provided by NOCTA-FLOW AB, Swedish company registration number 559521-2589 (“NOCTA-FLOW”). The Terms and Conditions, together with the Privacy Policy, and any individual agreement entered into between NOCTA-FLOW and the User, are jointly referred to as the “Terms”.
1.2 By registering an account, accepting the Terms at registration or otherwise using the Service, the User enters into a binding agreement with NOCTA-FLOW and accepts the Terms.
1.3 The Terms comprise the following documents which, in the event of inconsistency, take precedence in the order set out below, unless NOCTA-FLOW and the User have agreed otherwise in writing: (1) any individual agreement between NOCTA-FLOW and the User; (2) the Terms and Conditions; and (3) the Privacy Policy. Notwithstanding this order, the Privacy Policy and any data processing agreement take precedence in matters concerning the processing of personal data.
1.4 NOCTA-FLOW and the User are referred to individually as a “Party” and jointly as the “Parties”.
2.1 In the Terms, the following expressions have the meanings set out below.
“User” means any natural or legal person who has registered an account in the Service.
“Artist” means a User who, through the Service, offers or markets performances, such as a DJ, live performer or other performing artist.
“Booker” means a User who, through the Service, requests performances, such as a venue, club, restaurant, hotel, festival, event organiser or booking agent.
“Invitee” means a person who has not registered an account and whom a User invites to a booking or performance through the Service, as set out in section 5.7.
“Booking Agreement” means the agreement concerning a performance entered into between an Artist and a Booker, or between a User and an Invitee, including terms on fees, times, cancellation and practical arrangements.
“User Content” means all information and material that a User uploads, publishes, sends or otherwise makes available in the Service, including profile information, text, images, links to external content (such as music and video), references and messages.
“Platform” means NOCTA-FLOW’s software, website, applications, databases and associated technical infrastructure.
“Service” means the Platform and the functions on the Platform that NOCTA-FLOW provides from time to time in accordance with section 3.
“Beta Period” has the meaning set out in section 4.
3.1 The Service is NOCTA-FLOW’s cloud-based platform for the live entertainment industry, which enables Artists and Bookers to find each other, communicate and manage bookings and planning in one shared system.
3.2 The Service may include professional profiles for Artists, calendar and availability functions, booking enquiries and confirmations, roster and scheduling tools, internal communication, information on venues, equipment and practical arrangements, booking history, registration of external performances, and tools for matching an Artist with a place, time and context. An Artist may state fees and price levels in the Service visible to other registered Users. Profiles and User Content are visible to Users. The functions included at any given time are set out in the Service.
3.3 The Service is provided “as is”, with the express undertakings set out in the Terms. The User’s right of use relates to the Service in the version provided by NOCTA-FLOW at any given time.
3.4 NOCTA-FLOW does not warrant that the Service is free from defects, that the Service will operate without interruption or that all defects and errors will be corrected.
3.5 NOCTA-FLOW does not warrant that the User will receive enquiries, bookings, engagements, audiences or revenue through the Service. The Service does not entail exclusivity for any Party, and the User is free to use other channels for bookings and marketing.
4.1 The Service is initially provided as a beta version during an evaluation period (the “Beta Period”). The Beta Period runs until NOCTAFLOW gives written notice to the contrary.
4.2 During the Beta Period the Service may contain errors and incomplete functionality, and no service levels or availability commitments apply. NOCTA-FLOW may during the Beta Period change, limit, pause, reset or discontinue the Service or individual functions, in whole or in part, without any obligation to compensate the User.
4.3 The User is responsible for keeping copies of information that the User needs for its own activities. Data entered into the Service during the Beta Period may be changed or deleted in connection with development, migration or resetting of the Service.
5.1 NOCTA-FLOW provides only a technical platform that enables Users to find each other, communicate, and administer bookings. NOCTA-FLOW does not sell, buy, provide, arrange or perform performances. The Service contains no payment function and NOCTAFLOW does not handle payments between Users.
5.2 The Booking Agreement is entered into directly between the Artist and the Booker. NOCTAFLOW is not a party to the Booking Agreement and does not become a party to it because enquiries, confirmations, communication, documentation or changes take place in the Service. Availability information in the calendar function is indicative and does not constitute an offer.
5.3 NOCTA-FLOW does not act as booking agent, manager, representative, intermediary, commission agent, employer, principal, organiser or agent for any User. Nothing in the Terms or in the use of the Service shall be construed as employment, engagement, agency, commission, partnership, joint venture or franchise between NOCTA-FLOW and a User.
5.4 NOCTA-FLOW is not responsible for the formation, content, validity, interpretation or performance of Booking Agreements or for any other matter between Users. This includes, without limitation, payment of fees and other remuneration, cancellations and failures to appear, the quality and execution of performances, injury to persons or damage to property in connection with performances, permits, taxes and remuneration to collecting societies such as Stim and SAMI, and any disputes between Users.
5.5 NOCTA-FLOW does not verify and is not responsible for the accuracy of information provided by Users in the Service, including, but not limited to, information on identity, authority to represent a legal person, experience, references, previous performances, competence, availability, prices, insurance cover or registrations.
5.6 Information registered by a User in the Service concerning performances and bookings made outside the Service constitutes the User’s own documentation only.
5.7 A User may invite an Invitee to a booking or performance through the Service. An Invitee is not a User. The inviting User is responsible for having the right to send the invitation, for the accuracy of the information provided about the Invitee, and for the Invitee being informed that NOCTA-FLOW processes the Invitee’s personal data in accordance with the Privacy Policy. Sections 5.1 to 5.6 apply equally to bookings and other matters between a User and an Invitee. An Invitee who confirms or responds to a booking through the Service accepts that the booking is entered into with the inviting User only, that NOCTA-FLOW is not a party to and is not responsible for the booking, that the Invitee’s personal data is processed in accordance with the Privacy Policy, and that information made available to the Invitee through the Service may be used only for the booking concerned.
6.1 Registration of an account requires that the User (1) has legal capacity to enter into agreements; and (2) if the User is a legal person, that the individual registering the account is authorised to represent the legal person.
6.2 The User shall provide accurate and complete information at registration and keep it up to date. NOCTA-FLOW may, but is not obliged to, check the information against public registers and request supporting documentation. NOCTA-FLOW may refuse, make conditional or revoke a registration.
6.3 Sign-in to the Service is by e-mail authentication. Login credentials and one-time codes are personal and may not be shared or transferred. The User is responsible for all activity through the User’s account, shall keep its e-mail up to date, and shall notify NOCTAFLOW immediately upon suspicion of unauthorised access.
6.4 If the User gives employees access to the Service on the User’s behalf, the User is responsible for their use of the Service as for its own.
7.1 During the Beta Period the Service is provided free of charge, unless otherwise specifically agreed.
7.2 NOCTA-FLOW intends to introduce subscription fees for the Service. NOCTAFLOW shall give at least 30 days’ notice of the fees that will apply and the date from which they apply. A User who does not take out a subscription may close the account.
8.1 The User may only use the Service in accordance with the Terms, applicable law and the instructions provided by NOCTA-FLOW.
8.2 The User is responsible for holding the permits, licences, registrations and insurance required for its activities and for the performances that the User offers or arranges.
8.3 The User may not:
1. use the Service for unlawful purposes or in breach of third-party rights;
2. harass, threaten, discriminate against or otherwise behave improperly towards other Users or NOCTA-FLOW’s staff;
3. provide misleading information, act in another person’s name or register an account for another person without authority;
4. send unsolicited marketing or mass messages to other Users;
5. collect, store or use information about other Users obtained through the Service, including contact details, fees, prices and availability, for purposes other than booking and collaboration with the User concerned;
6. upload malicious code or take measures that disrupt or risk disrupting the operation, security or integrity of the Service; or
7. circumvent technical limitations, permission controls or access controls in the Service.
8.4 The User shall indemnify and hold NOCTAFLOW harmless against claims from third parties, including other Users, public authorities and collecting societies, based on the User’s use of the Service in breach of the Terms, on User Content, or on the User’s performance or non-performance of a Booking Agreement. The indemnity covers reasonable damages and reasonable legal fees and litigation costs.
9.1 The User retains all rights to its User Content. NOCTA-FLOW does not claim ownership of User Content.
9.2 The User grants NOCTA-FLOW a nonexclusive, worldwide and royalty-free right to store, copy, adapt the technical format of, display and make available User Content in the Service to the extent necessary to provide, secure, troubleshoot and develop the Service and to display the User’s profile and information to other Users. The right ceases when the User Content is deleted, except for backup copies, content that other Users have already received and content that NOCTAFLOW is required to retain by law.
9.3 Unless otherwise agreed, NOCTA-FLOW may not use the User’s business name, artist name or logotype to market the Service.
9.4 Users can upload images to the Service. Audio and video are not uploaded to the Service but are linked from external services, currently SoundCloud and Spotify. The User warrants that the User holds all rights necessary for its uploaded User Content and that the uploaded User Content does not infringe third-party intellectual property rights, privacy rights or other rights. In respect of linked content, the User is responsible for having the right to link to the content, for the linked content not infringing third-party rights, and for complying with the terms of the external service concerned.
9.5 NOCTA-FLOW has no obligation to review User Content but may remove or disable User Content, and restrict access to accounts, if NOCTA-FLOW has reasonable grounds to consider that the content breaches the Terms or the law or is the subject of a credible allegation of infringement. NOCTA-FLOW shall notify the affected User of the measure and the reasons for it.
9.6 Notices of illegal content or infringement in the Service may be sent to hello@nocta.se.
9.7 NOCTA-FLOW may access User Content and communication in the Service to the extent necessary for operation, security, troubleshooting, investigation of suspected misuse or compliance with law or decisions by public authorities. NOCTA-FLOW does not systematically monitor communication between Users.
10.1 NOCTA-FLOW, or its licensors, hold all rights to the Service and the Platform. This includes, among other things, copyright in source code and object code, interfaces, design, graphic elements, texts, documentation, databases, database structures and compilations, and rights to the designation NOCTA-FLOW, business names, trademarks, logotypes and domain names.
10.2 The Terms do not involve any transfer of intellectual property rights. The User obtains only a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to use the Service for as long as the account is active and in accordance with the Terms.
10.3 The User may not:
1. copy, modify, translate, adapt or create derivative works of the Service or any part of it;
2. decompile, reverse engineer or otherwise attempt to derive source code, algorithms, data models or structure, except to the extent mandatory law grants such a right;
3. rent out, lend, sell, license, distribute or otherwise make the Service available to any third party;
4. use automated means, such as robots, spiders, scraping or similar techniques, to read, copy, harvest or compile content or data from the Service;
5. systematically extract or re-utilise the whole or a substantial part of the contents of the Service’s databases, whether by single or repeated acts, or make copies of compilations from the Service;
6. use the Service, or content or data obtained through the Service, to develop, provide or market a service or product that competes with the Service, or to train or develop software, models or datasets intended for such a service or product;
7. use the Service for benchmarking or competitive analysis and publish the results without NOCTA-FLOW’s written consent; or
8. remove, alter or obscure notices of copyright, trade marks or other rights.
10.4 The non-public parts of the Platform, including its structure, algorithms, matching logic, data models and unpublished documentation, constitute NOCTA-FLOW’s trade secrets under the Swedish Act on Trade Secrets (2018:558).
10.5 NOCTA-FLOW may freely use and commercialise suggestions, ideas and other feedback that the User provides regarding the Service, without any obligation or compensation to the User.
10.6 NOCTA-FLOW may use anonymised and aggregated data on the use of the Service for statistics, security, analysis and development of the Service, and may publish such data in aggregated form. Such data shall be anonymised so that it cannot be attributed to an individual User or an identifiable natural person. NOCTA-FLOW holds all rights to such aggregated data.
10.7 The User may not use NOCTA-FLOW’s trademarks, logotypes or other designations without NOCTA-FLOW’s written consent, other than to state in the User’s own marketing that the User is on the Service.
11.1 NOCTA-FLOW reserves the right to change the Service, correct errors and change technical characteristics, functions and specifications. NOCTA-FLOW shall, where possible, notify the User in advance of changes that materially affect the functionality or security of the Service.
11.2 NOCTA-FLOW may amend the Terms and Conditions with 30 days’ written notice. A User who does not accept an amendment may terminate its account free of charge before the amendment takes effect. Amendments that are required by law or by a decision of a public authority, or that are necessary for security reasons, may be implemented at shorter notice.
12.1 NOCTA-FLOW shall use commercially reasonable efforts to provide the Service in accordance with the Terms and take reasonable measures to maintain continuity and security. NOCTA-FLOW may carry out maintenance and shall, where possible, give advance notice of maintenance that materially affects availability.
12.2 Support is provided by e-mail to hello@nocta.se on weekdays (excluding Swedish public holidays) between 09.00 and 17.00 CET/CEST.
12.3 NOCTA-FLOW may engage subcontractors to provide the Service and is liable to the User for its subcontractors’ performance as for its own.
12.4 The Service may contain links to, or integrations with, third-party services. NOCTAFLOW is not responsible for such services or their content, availability or terms. Third-party services are subject to the third party’s own terms.
13.1 NOCTA-FLOW processes personal data relating to Users, contact persons and users of the Service as controller in accordance with Regulation (EU) 2016/679 (“GDPR”) and NOCTA-FLOW’s privacy policy, available at the Service.
13.2 If a User registers or otherwise processes personal data about other individuals in the Service, such as the User’s own employees, artists, contact persons or guests, the User is responsible for ensuring that the processing has a legal basis and that the individuals concerned receive the information to which they are entitled.
13.3 To the extent NOCTA-FLOW processes personal data on the User’s behalf, the Parties shall enter into a data processing agreement.
14.1 The User may close its account at any time through the function provided in the Service or by written notice to NOCTA-FLOW.
14.2 NOCTA-FLOW may with immediate effect limit, suspend or terminate an account if:
1. the User materially breaches the Terms;
2. there are reasonable grounds to suspect fraud, unlawful activity or materially misleading information;
3. the User’s conduct risks harming other Users, third parties, NOCTA-FLOW or the security or reputation of the Service; or
4. this is required by law or a decision of a public authority.
14.3 If a measure under section 14.2 is not immediately necessary, NOCTA-FLOW shall first give the User an opportunity to remedy the deficiency within a reasonable time. NOCTAFLOW shall notify the User of the measure and the reasons for it.
14.4 NOCTA-FLOW may also terminate the Terms and close the User’s account on 30 days’ written notice if NOCTA-FLOW permanently discontinues the Service, or the part of the Service to which the account relates.
14.5 The User is responsible for exporting or otherwise saving, in good time before the account is closed, the information that the User wishes to keep. NOCTA-FLOW may delete the User’s account and User Content 90 days after the account is closed, except for data that NOCTA-FLOW is required or entitled to retain by law or in order to establish, exercise or defend legal claims.
15.1 NOCTA-FLOW is not liable for loss or damage caused by another User’s or an Invitee’s acts or omissions, including the circumstances set out in section 5.4, or for the content or performance of Booking Agreements.
15.2 Neither Party is liable in any circumstances for indirect or consequential loss of any kind, including loss of profit, lost bookings, lost revenue, lost contracts, loss of goodwill, loss of data or costs for a replacement artist, replacement venue or replacement service.
15.3 NOCTA-FLOW’s aggregate liability is in all circumstances limited to foreseeable direct loss of a kind typical for this type of agreement and shall never exceed one price base amount under the Swedish Social Insurance Code (2010:110).
15.4 The limitations in this section 15 do not apply in the event of intent or gross negligence, in the case of liability for personal injury, or otherwise to the extent liability cannot be limited under mandatory law.
NOCTA-FLOW is not liable for failure or delay in performing its obligations under the Terms where the failure or delay is due to circumstances beyond NOCTA-FLOW’s reasonable control, such as natural disasters, war, actions by public authorities, labour disputes, power or internet outages, cyberattacks or failures of subcontractors caused by such circumstances (force majeure). If such circumstances continue for more than three months, each Party may terminate the Terms with immediate effect.
17.1 Notices under the Terms shall be given in writing to the e-mail address provided by the Party or by notice in the Service.
17.2 The User may not assign or pledge its rights or obligations under the Terms without NOCTAFLOW’s prior written consent. NOCTA-FLOW may assign its rights and obligations under the Terms to another company within the same group or in connection with a merger, an acquisition or a transfer of all or a material part of its business.
17.3 The Terms constitute the Parties’ complete agreement on all matters covered by the Terms and supersede all previous written and oral undertakings and representations.
17.4 If any provision of the Terms is found to be invalid, this shall not mean that the Terms as a whole are invalid. To the extent the invalidity materially affects a Party’s benefit from or performance under the Terms, the Terms shall be reasonably adjusted.
17.5 If a User is a consumer, the User has the rights that follow from mandatory consumer protection law, including the Swedish Consumer Sales Act (2022:260) and the Swedish Act on Distance Contracts and Contracts Concluded Outside Business Premises (2005:59), which take precedence over the Terms. A consumer may bring proceedings before the district court of the consumer’s own domicile and may also refer a dispute to the Swedish National Board for Consumer Disputes.
17.6 A Party’s failure to exercise a right under the Terms, or to object to a particular circumstance, does not mean that the Party has waived its rights in that respect.
18.1 The Terms are governed by Swedish law.
18.2 Disputes arising out of the Terms shall be settled by the Swedish general courts, with Stockholm District Court as the court of first instance.