Terms of Service

Effective date: [[EFFECTIVE DATE]] Last updated: [[LAST UPDATED DATE]]

Placeholders to fill before publishing are marked like [[THIS]]. Search the document for [[ to find them all. See the companion "Plain-Language Guide" for what each one means.

PLEASE READ THESE TERMS CAREFULLY. They include an arbitration agreement and a class-action waiver (Section 17) that affect how disputes are resolved, a disclaimer of warranties (Section 11), and a limitation of our liability (Section 12).

1. Agreement to These Terms

These Terms of Service ("Terms") are a binding legal agreement between you and [[OPERATOR LEGAL NAME]] ("Curator," "we," "us," or "our") governing your access to and use of the Curator website, web application, and any related mobile or installable applications and services (together, the "Service").

By creating an account, clicking to accept these Terms, or otherwise accessing or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not access or use the Service.

If you use the Service on behalf of a choir, organization, or other entity, you represent that you are authorized to bind that entity, and "you" includes that entity.

2. Eligibility and Age

You must be at least 16 years old to create an account and use the Service. By using the Service, you represent that you are at least 16 and have the legal capacity to enter into these Terms.

Choirs may include members who are minors. If you are a choir leader or administrator, you represent and warrant that you have the authority to invite and manage each member you add, and that you have obtained any parental or guardian consent required by law for any member who is a minor. Any minor permitted to use the Service must do so under the supervision of a parent, guardian, or authorized adult who agrees to these Terms on the minor's behalf and is responsible for the minor's use.

3. Accounts and Your Responsibilities

To use most features, you must create an account. You agree to provide accurate, current, and complete information and to keep it up to date. You are responsible for safeguarding your account credentials and for all activity that occurs under your account, whether or not authorized by you. Notify us immediately at [[BUSINESS MAILING ADDRESS or support@curatormusic.app]] if you suspect any unauthorized use. We are not liable for any loss arising from unauthorized use of your account.

4. The Service, Changes, and Availability

We are continually developing the Service and may add, change, suspend, or discontinue any part of it — including features, functionality, and content — at any time, with or without notice. Features described today (including, for example, the follow-along player, uploads, announcements, and attendance features) may change, and we may introduce new features, including video uploads and links, analytics, and paid plans in the future.

We do not guarantee that the Service will always be available, uninterrupted, timely, secure, or error-free. We may impose limits on certain features or restrict access to parts or all of the Service without notice or liability.

5. Acceptable Use and Prohibited Conduct

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not, and must not attempt to, and must not permit or encourage anyone else to:

access, tamper with, or use non-public areas of the Service, our systems, or the systems of our providers;
probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures, rate limits, or access controls;
gain or attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service, whether through hacking, password mining, or any other means;
use any robot, spider, scraper, crawler, or other automated means to access the Service or extract, harvest, or collect data or content, except as we expressly permit in writing;
reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, or structure of any part of the Service, except to the extent this restriction is prohibited by applicable law;
copy, modify, create derivative works from, distribute, sell, resell, sublicense, or otherwise exploit any part of the Service or its content, except as expressly permitted;
introduce any viruses, malware, or other harmful code, or take any action that imposes an unreasonable or disproportionately large load on the Service or its infrastructure, or that interferes with or disrupts the Service or its servers or networks;
upload, share, or transmit any content that is unlawful, infringing, defamatory, obscene, harassing, or that violates the rights of others (see Sections 6 and 7);
impersonate any person or entity, or misrepresent your affiliation with any person or entity;
use the Service to send spam or unsolicited communications, or to collect personal information about others without authorization; or
use the Service in violation of any applicable law or regulation.

We reserve the right to investigate and to take appropriate action against anyone who, in our sole discretion, violates this Section, including removing content, suspending or terminating accounts, and reporting to and cooperating with law enforcement authorities. You may be held liable for losses and damages caused by your violation of these Terms, and we reserve all rights and remedies available at law and in equity, including seeking injunctive relief.

6. Your Content and the License You Grant Us

The Service allows you to upload, submit, store, and share content, including musical scores, audio and video recordings, video links, text, announcements, and other materials ("User Content"). As between you and us, you retain all ownership rights you already hold in your User Content. We do not claim ownership of your User Content.

To operate and provide the Service, you grant us (and our successors and assignees) a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, cache, reproduce, adapt, reformat (for example, to convert or render musical files), encode, transmit, and display your User Content, for the purpose of operating, providing, securing, and improving the Service — including making your User Content available to the choir(s) with which you choose to share it. This license exists only to run the Service; we do not use your User Content for advertising.

This license continues for as long as your User Content is stored on the Service and for a commercially reasonable period afterward to allow for removal from active systems and backups. Deleting your User Content or account ends this license on a going-forward basis, except for content retained in backups for a limited time or as required by law, and except that copies already shared with a choir may remain within that choir's records until removed by an authorized user.

You are solely responsible for your User Content and for the consequences of uploading and sharing it.

7. Your Representations About User Content (Copyright and Rights)

Musical scores, recordings, and videos are frequently protected by copyright. You are responsible for ensuring you have the rights to everything you upload.

You represent and warrant that, for all User Content you upload, submit, or share:

you either own it or have obtained all rights, licenses, consents, and permissions necessary to upload, store, share, display, and otherwise use it as contemplated by the Service and to grant the license in Section 6; and
your User Content, and our use of it as permitted by these Terms, does not and will not infringe or violate any copyright, trademark, publicity, privacy, contract, or other right of any person or entity, and does not violate any law.

You — not Curator — are responsible for obtaining any licenses or permissions required to use, copy, share, perform, or distribute copyrighted sheet music, recordings, or videos. We do not grant you any rights in third-party copyrighted works, and nothing in the Service should be understood as authorization to reproduce or distribute works you are not licensed to use.

8. Our Intellectual Property

The Service, including its software, design, text, graphics, logos, and the "Curator" name and branding, and all related intellectual property rights, are owned by us or our licensors and are protected by law. Except for the limited rights expressly granted to you, we reserve all rights, title, and interest in and to the Service.

Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for its intended purpose. You may not use our name, logos, or trademarks without our prior written permission.

9. Copyright Complaints — DMCA Notice and Takedown

We respect the intellectual property rights of others and expect our users to do the same. We respond to notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act ("DMCA") and will, in appropriate circumstances, disable or remove content and terminate the accounts of users who are repeat infringers.

Reporting alleged infringement. If you believe content on the Service infringes your copyright, please send a written notice to our designated agent that includes:

a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
identification of the copyrighted work claimed to have been infringed;
identification of the material that is claimed to be infringing and enough information to let us locate it (such as a URL);
your name, address, telephone number, and email address;
a statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

Designated Copyright Agent: [[DESIGNATED AGENT NAME]] [[DMCA AGENT MAILING ADDRESS]] Email: [[dmca@curatormusic.app]]

Please be aware that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be liable for damages.

Counter-notification. If your content was removed and you believe it was removed in error or misidentification, you may send a counter-notification to the designated agent above containing the information required by the DMCA (including your signature; identification of the removed material and its former location; a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification; and your name, address, and telephone number, and consent to jurisdiction as required by the DMCA). If we receive a valid counter-notification, we may restore the content unless the original complainant files a legal action seeking a court order against you within the time period allowed by law.

Repeat infringers. We have adopted a policy of terminating, in appropriate circumstances, the accounts of users who are determined to be repeat infringers.

10. Payments, Subscriptions, and Refunds (Applicable if and when we offer paid plans)

The Service is currently offered free of charge. We reserve the right to introduce paid features, subscriptions, or plans in the future. If we do, the following terms apply to those paid offerings, in addition to any specific terms presented at the point of purchase.

Fees and billing. You agree to pay all fees for the plan you select, at the prices in effect when the charge is incurred, plus any applicable taxes. Unless stated otherwise, paid subscriptions renew automatically for successive periods until cancelled. By starting a paid subscription, you authorize us and our payment processors to charge your payment method on a recurring basis until you cancel.

Cancellation. You may cancel a paid subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current billing period, and you will retain access until then unless stated otherwise.

Refunds. Except where required by applicable law, fees are non-refundable, and there are no refunds or credits for partial periods, unused features, or amounts already paid.

Payment processors. Payments are processed by third-party providers (such as Stripe or Paystack). Your use of their services is subject to their terms and privacy policies, and we are not responsible for their acts or omissions.

Money handling. The Service is a software tool for choirs. We are not a bank, money transmitter, or payment intermediary, and the Service does not hold, transmit, or manage funds on behalf of choirs or their members. Any collection of dues or other money among a choir and its members is solely between those parties, and we are not responsible for it.

We may change our fees and plans at any time; changes to recurring fees will apply to the next billing period after we give you reasonable notice.

11. Disclaimers of Warranty

THE SERVICE AND ALL CONTENT AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY CONTENT OR RESULTS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU USE THE SERVICE AT YOUR OWN RISK.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN THAT CASE, SUCH WARRANTIES ARE LIMITED TO THE MINIMUM SCOPE AND DURATION PERMITTED BY LAW.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OWNERS, OR OUR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

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.

13. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Curator and its owners, operators, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your User Content; (b) your use of the Service; (c) your violation of these Terms; (d) your violation of any law or the rights of any third party, including any intellectual property, privacy, or publicity right; and (e) any dispute between you and any other user or third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of such claims.

14. Suspension and Termination

You may stop using the Service and delete your account at any time.

We may suspend or terminate your access to the Service, in whole or in part, at any time and for any reason, with or without notice, including if we believe you have violated these Terms (in particular Sections 5, 6, and 7), if required to comply with law, or to protect the Service, our users, or others.

Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination — including Sections 6 (license, to the extent stated), 7, 8, 11, 12, 13, 15, 16, 17, and 18 — will survive.

15. Changes to These Terms

We may modify these Terms from time to time. When we do, we will update the "Last updated" date above. If we make material changes, we will provide additional notice, such as by email or a notice within the Service. Changes are effective when posted unless we say otherwise. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service.

16. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Utah, United States, without regard to its conflict-of-laws rules. Subject to the arbitration agreement in Section 17, you agree that the exclusive venue for any dispute not subject to arbitration will be the state or federal courts located in Salt Lake County, Utah, and you consent to the personal jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17. Dispute Resolution — Arbitration and Class-Action Waiver

Please read this Section carefully. It affects your legal rights, including your right to go to court.

Informal resolution first. Before starting an arbitration, you agree to first contact us at [[dmca@curatormusic.app or legal@curatormusic.app]] and give us 30 days to resolve the dispute informally.

Binding arbitration. Except as set out below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by binding individual arbitration, rather than in court, administered by a recognized arbitration provider under its applicable rules. The arbitration will be conducted in Salt Lake County, Utah, or another mutually agreed location, or by videoconference where available. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

Class-action and jury waiver. To the fullest extent permitted by law, you and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding. You and we waive any right to a jury trial.

Exceptions. This Section does not require arbitration of: (a) individual claims brought in small-claims court, if they qualify; or (b) claims seeking injunctive or other equitable relief to stop unauthorized use, infringement, or misuse of the Service or intellectual property (Sections 5, 6, 7, and 8), which may be brought in the courts identified in Section 16.

Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by sending written notice to [[legal@curatormusic.app]] with your name and account email and a clear statement that you opt out of arbitration. If you opt out, the governing-law and venue provisions in Section 16 apply to disputes between us.

18. General Terms

Assignment. We may assign or transfer these Terms, and any of our rights and obligations under them, in whole or in part, at any time without notice or your consent, including to an affiliate, to a successor entity (such as a company or limited liability company formed by the operator), or in connection with a merger, acquisition, reorganization, financing, or sale of assets. You may not assign or transfer these Terms without our prior written consent, and any attempt to do so is void. These Terms bind and benefit the parties and their permitted successors and assigns.

Entire agreement. These Terms, together with the Privacy Policy and any terms presented at the point of purchase for paid features, are the entire agreement between you and us regarding the Service and supersede all prior agreements and understandings on that subject.

Severability. If any provision of these Terms is held unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. In the arbitration agreement (Section 17), if the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court rather than arbitration.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later. No waiver is effective unless in writing.

Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, outages, failures of third-party providers, labor disputes, or governmental actions.

Notices. We may provide notices to you by email, by posting within the Service, or by other reasonable means. You agree that electronic communications satisfy any legal requirement that communications be in writing.

Relationship. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and us.

Headings. Section headings are for convenience only and do not affect interpretation.

19. Contact Us

Questions about these Terms? Contact:

[[OPERATOR LEGAL NAME]] [[legal@curatormusic.app or support@curatormusic.app]] [[BUSINESS MAILING ADDRESS]]

This document is a template provided to help operate the Service and is not legal advice. Laws differ by jurisdiction and change over time. You should have a qualified attorney review these Terms before publishing them.