Terms of Service

These Terms are an agreement between you and 1001674563 Ontario Inc. (“Musichaus”, “we”, “us”), a corporation registered in Ontario, Canada. They govern your use of the Musichaus application, the website at musichaus.org, and everything we provide through them. By creating an account, accepting an invitation, or using Musichaus, you agree to these Terms. If you do not agree, please do not use the service.

1. What Musichaus is

Musichaus is software that helps independent music teachers and studios run their teaching: scheduling, attendance, lesson notes, practice tracking, materials, messaging and invoicing. Parents and students use it to follow those lessons.

We are the tool, not the teacher. Musichaus does not provide music lessons, does not employ or supervise teachers, does not vet teachers or students, and is not a party to the agreement between a teacher and a student or parent. Lesson rates, studio policies, cancellations, makeups and refunds are set and honoured by each teacher.

2. Accounts and who may use them

You agree to give accurate information, keep it current, keep your login credentials confidential, and tell us promptly if you believe your account has been used without permission. You are responsible for activity under your account, including activity by anyone you give access to. Accounts are for people, not bots, and may not be shared between studios or resold.

3. Children and parental consent

Musichaus is used by students of all ages, including young children, and access for a child is controlled by their parent or guardian.

• A minor never creates their own account. The parent or guardian creates it, and a child cannot register, sign up or be given access on their own.
• A teacher may add a student record, but a student under the age of majority in their jurisdiction gets no access until their parent or guardian has reviewed what Musichaus collects and given consent.
• The Student Portal is off by default. After giving consent, the parent or guardian decides whether to turn it on and, if they do, passes the access to their child themselves. They can turn it off again at any time.
• Contact details on file for a student under 13 are the parent’s or guardian’s. Notifications, invoices and text messages go to the parent or guardian.
• A parent or guardian may withdraw consent at any time. We then deactivate the child’s access and delete the child’s information, apart from records the teacher must keep for tax or accounting reasons.

By consenting, a parent or guardian confirms that they hold parental responsibility for the student and accepts these Terms on the student’s behalf.

4. What teachers are responsible for

If you run a studio on Musichaus, you decide what student information is entered and how your studio is run. You are responsible for:

• having the right to enter the information you enter, and obtaining the consents your local law requires from students and parents;
• the accuracy of your rates, invoices, taxes, studio policies and lesson records;
• complying with the laws that apply to your teaching business, including tax, consumer, employment, child-protection and privacy law in your jurisdiction;
• anything posted, uploaded or sent under your account, including by staff or students you authorise;
• handling requests from your students and their parents to see, correct or delete their information.

We do not pre-screen content, but we may remove content or suspend a studio that breaches these Terms.

5. Subscription, trial and billing

If a payment fails we may retry it and may suspend the account until it is settled. Changing plans takes effect at the next billing date unless we say otherwise.

6. Lesson payments between parents and teachers

Parents may pay their teacher’s invoices by card inside Musichaus. Card payments are processed by Stripe, and teachers who accept them enter into Stripe’s own connected-account agreement and must give Stripe the information it needs to comply with financial regulations. Musichaus never stores card numbers.

• The lesson contract is between the parent or student and the teacher. Musichaus collects the payment as a technical facility and is not the seller of the lessons.
• Refunds, credits, makeup lessons and cancellation charges are decided by the teacher under their own studio policy. Disputes about a lesson or an invoice are between the parent and the teacher.
• Where a platform fee applies to card payments, it is disclosed to the teacher before they turn card payments on, and is deducted from the payout.
• Chargebacks, reversals and any related fees are the responsibility of the teacher who received the payment, and we may recover them from future payouts.
• Payments recorded as cash or bank transfer are bookkeeping entries only; Musichaus is not involved in those transactions.

7. Your content

Musichaus claims no ownership of the content you put into it. You keep ownership of the information, recordings, files and materials you upload. You grant Musichaus a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit and display that content, and to make technical modifications such as format conversion or thumbnails, solely to operate and support the service for you and the people you share it with. That licence ends when you delete the content or close your account, apart from copies retained in backups for the period described in our Privacy Policy.

You confirm that you have the rights necessary to upload what you upload and to grant this licence, and that the content does not infringe anyone’s rights or break any law.

8. Sheet music and copyright

Musichaus is general-purpose storage, not a sheet music library. The service gives a studio a place to keep whatever files it needs. It is not a catalogue, marketplace, or distribution service for musical works: we do not supply, licence, curate, index or recommend repertoire, and we host no collection of our own. Every score, arrangement, backing track or recording in a studio was put there by a teacher, parent or student, by their own choice and for their own use.

Much of the sheet music, method-book material and recorded repertoire used in teaching is protected by copyright, and licences differ by country, publisher and edition. Before uploading, sharing or distributing sheet music, arrangements, backing tracks or recordings through Musichaus, you must confirm that you own the material, hold a licence that permits that use, or that the work is in the public domain in the countries concerned. Responsibility for that check rests with the user who uploads or shares the material, not with Musichaus. We do not review uploads for copyright, but if a rights holder tells us that material on Musichaus infringes their rights, we will look into it and may remove the material and suspend accounts that infringe repeatedly. Send notices to support@musichaus.org.

9. Recordings

Recording a lesson or performance captures the voice and often the face of the people in it. Before recording or uploading, you must have the agreement of everyone recorded, and for a student who is a minor, the agreement of their parent or guardian. Recordings in Musichaus are private by default and visible only to the student, their parent or guardian, and their teacher. Do not publish, post or share a recording of someone else outside Musichaus without their permission.

10. Messaging and text messages

Notifications we send

If you consent, we send text messages about lesson reminders, schedule changes and invoices to the number you give us. Message frequency varies; message and data rates may apply. Reply STOP to unsubscribe or HELP for help — every message we send carries opt-out instructions. Consent to text messages is never a condition of using Musichaus. You confirm the number is yours, or that you are the parent or guardian of the person it belongs to, and you agree to update it if it changes. We keep a record of each consent — who gave it, when, by what method, and the wording they agreed to — and of every opt-out, so that both you and we can show how a number came to be on the list.

Business messaging in Canada and the United States is subject to carrier registration and consent rules. Musichaus handles registration of the sending numbers, and we may suspend messaging on an account that puts that registration at risk.

Messages teachers send through the platform

Teachers can send messages to students and to parents through Musichaus. That access is for running lessons, and using it for anything else can create liability for the teacher personally.

Teachers must not use Musichaus messaging to send marketing. Specifically, you may not use in-app messages, email or SMS sent through Musichaus to send:

• advertising or promotional content, offers, discounts or recruitment messages of any kind to a student who is a minor;
• commercial or promotional messages to any recipient who has not given consent to receive them;
• bulk or unsolicited messages, chain messages, or messages promoting a third party’s products;
• anything unrelated to that recipient’s own lessons, account or invoices.

Communication about a minor student’s lessons, schedule, invoices and progress should go to the parent or guardian. Messages to a minor should be limited to what that student’s own teaching requires, such as assignments, materials and practice feedback.

Teachers are legally responsible for the messages they send. Sending spam, promotional or advertising messages — and especially sending them to children — may breach anti-spam and consumer-protection law, including Canada’s Anti-Spam Legislation (CASL), the U.S. Telephone Consumer Protection Act (TCPA) and rules on marketing to children, and can expose the sender to regulatory penalties and private claims. Musichaus provides the messaging tool; the teacher decides what to send and is responsible for it, and indemnifies us under section 18 for claims arising from their messages. We may remove content, disable messaging, or suspend an account that breaches this section.

11. Acceptable use

You agree not to:

• use Musichaus for anything unlawful, or to harass, abuse, endanger or exploit anyone, particularly a child;
• upload content you do not have the right to share, or content that is harmful, obscene or inappropriate in a setting used by children;
• send unsolicited bulk messages, or use the messaging or SMS features to market to anyone who did not agree to it — and never to market to a child (see section 10);
• attempt to access another studio’s data, probe or breach security, or interfere with or overload the service;
• copy, resell, sublicense, reverse-engineer or use the service to build a competing product;
• use automated means to scrape or extract data beyond the export tools we provide.

Abusive or threatening behaviour toward our staff or other users may result in immediate termination.

12. Our intellectual property

Musichaus, its software, design, documentation and brand are and remain our property and that of our licensors. These Terms grant you a limited, non-exclusive, non-transferable, revocable right to use the service while your account is in good standing. Feedback you send us may be used freely, without obligation to you.

13. Privacy

Our handling of personal information is described in the Privacy Policy, which forms part of these Terms. Teachers are responsible for their students’ information as set out there and in section 4.

14. Availability and changes

We work to keep Musichaus available and reliable, but the service may be interrupted for maintenance, updates or reasons outside our control. We may add, change or remove features. Where a change materially reduces a core feature you rely on, we will give reasonable notice.

15. Suspension, termination and export

You may close your account at any time in your settings. We may suspend or terminate an account that breaches these Terms, that creates a legal, security or safety risk, or where required by law — with notice where we reasonably can, and immediately where we cannot. On termination your right to use the service ends. Teachers may export their studio data for 30 days after closure, after which it is deleted or de-identified as described in the Privacy Policy. Sections that by their nature should survive termination will survive.

16. Disclaimers

Musichaus is provided “as is” and “as available”. To the fullest extent permitted by law we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will be uninterrupted, error-free or free of data loss, and we are not responsible for the conduct, statements, teaching or payment practices of any teacher, parent or student. You are responsible for keeping your own copies of anything you cannot afford to lose.

17. Limitation of liability

To the fullest extent permitted by law, Musichaus and its directors, officers and contractors are not liable for indirect, incidental, special, punitive or consequential damages, or for lost profits, revenue, goodwill or data, however caused. Our total aggregate liability arising out of or relating to the service is limited to the greater of the amounts you paid us in the twelve months before the event giving rise to the claim, or CAD $100. Nothing in these Terms excludes liability that cannot be excluded by law, including for fraud, or for death or personal injury caused by negligence. Some jurisdictions do not allow certain exclusions, and in those places these limits apply only so far as the law permits.

18. Indemnity

You agree to indemnify and hold Musichaus harmless from claims, damages, losses and reasonable legal costs arising out of your content, your use of the service, your breach of these Terms, or — if you are a teacher — your teaching business and your relationship with your students and their parents.

19. International use

Musichaus is operated from Canada and is intended primarily for users in Canada and the United States. It is available elsewhere, and if you use it from another country you are responsible for complying with your local law, including any rules on consumer contracts, taxation, recording, children’s data and marketing. If your local law gives you rights that these Terms cannot override, those rights continue to apply.

20. Governing law, changes, and contact

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply in it, without regard to conflict of laws rules. The courts of Ontario, sitting in Toronto, have exclusive jurisdiction, except where mandatory consumer law entitles you to bring proceedings where you live.

We may update these Terms. If a change is material we will post the updated Terms, update the date at the top, and notify you where required. Continuing to use Musichaus after the change takes effect means you accept it. If any provision is found unenforceable, the rest remains in force.

1001674563 Ontario Inc. (Musichaus)
8 Wellesley St. W, Unit 1702
Toronto, Ontario M4Y 0J5, Canada
support@musichaus.org

Musichaus is a product of 1001674563 Ontario Inc., Toronto, Ontario, Canada.