Terms of Service

1. Acceptance of Terms

By creating an account, accessing, or using Rhythmiq, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all users of the platform, including students, instructors, and administrators.

2. Description of Service

Rhythmiq is a comprehensive music lesson management platform that facilitates connections between music instructors and students. Our platform provides:

• Lesson scheduling and management tools
• Payment processing and billing management
• Video conferencing integration for remote lessons
• Resource sharing capabilities
• Student progress tracking
• Communication tools between instructors and students

3. User Accounts and Registration

To access certain features of our platform, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your account information
• Keep your login credentials secure and confidential
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

You must be at least 13 years old to create an account. Users between 13 and 18 years old must have parental consent to use our platform.

4. User Roles and Responsibilities

Instructors

As an instructor, you agree to:

• Provide accurate information about your qualifications and experience
• Deliver lessons as scheduled or provide reasonable notice for cancellations
• Maintain professional conduct in all interactions
• Comply with all applicable laws and regulations
• Respect student privacy and confidentiality
• Maintain appropriate safeguarding practices, especially with minor students

Students

As a student (or parent/guardian), you agree to:

• Attend scheduled lessons or provide reasonable notice for cancellations
• Make payments for lessons as agreed
• Treat instructors with respect and professionalism
• Follow instructor guidelines and policies
• Ensure minor students are supervised appropriately during lessons

5. Payments and Billing

Payment processing is handled through Stripe, a secure third-party payment processor. By using our payment services, you agree to:

• Payment Authorization: You authorize us to charge your payment method for lessons and any applicable fees
• Payment Accuracy: You are responsible for ensuring your payment information is accurate and current
• Disputes: Payment disputes must be reported within 30 days of the transaction
• Refunds: Refunds are subject to our cancellation policy and instructor-specific terms
• Fees: During our founding phase, we do not charge platform fees. When platform fees are introduced, founding members will receive preferential rates and at least 3 months advance notice. Standard payment processing fees apply for all transactions.

Instructors are responsible for setting their own rates and payment terms. All payments are processed securely through Stripe's PCI-compliant infrastructure.

6. Cancellation and Refund Policy

Cancellation policies may vary by instructor. General guidelines include:

• Student Cancellations: Students should provide at least 24 hours notice for lesson cancellations
• Instructor Cancellations: Instructors should provide reasonable notice and offer rescheduling options
• No-Shows: Students who fail to attend scheduled lessons may be charged for the full lesson
• Emergency Cancellations: Genuine emergencies will be handled on a case-by-case basis

Refund eligibility depends on the specific circumstances and timing of the cancellation. We reserve the right to make final determinations on refund requests.

7. Prohibited Uses

You agree not to use our platform for any unlawful or prohibited purposes, including but not limited to:

• Violating any applicable laws or regulations
• Infringing on intellectual property rights
• Transmitting harmful, abusive, or inappropriate content
• Attempting to gain unauthorized access to our systems
• Interfering with the proper functioning of the platform
• Impersonating others or providing false information
• Engaging in any form of harassment or discrimination
• Using the platform for commercial purposes outside of music instruction

8. Intellectual Property

The Rhythmiq platform, including its design, code, content, and trademarks, is owned by Guided Rails LLC and protected by intellectual property laws. You agree not to:

• Copy, modify, or distribute our platform or its content
• Reverse engineer or attempt to extract our source code
• Use our trademarks or branding without permission
• Create derivative works based on our platform

User-generated content (such as lesson materials, profiles, and communications) remains the property of the respective users, but you grant us a license to use such content as necessary to provide our services.

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our platform, you consent to the collection and use of your information as described in our Privacy Policy.

10. Third-Party Services

Our platform integrates with various third-party services to enhance functionality:

• Stripe: For secure payment processing
• Zoom: For video conferencing capabilities
• Digital Ocean Spaces: For file storage
• AWS SES: For email delivery

Your use of these third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the actions or policies of these third-party providers.

11. Disclaimers and Limitations of Liability

Our platform is provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to:

• Merchantability and fitness for a particular purpose
• Uninterrupted or error-free service
• Security of data transmission
• Accuracy or completeness of content

Limitation of Liability: To the fullest extent permitted by law, Guided Rails LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, whether in an action of contract, tort, or otherwise, arising from or related to your use of our platform.

Our total liability for any claims arising from or related to our platform shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Guided Rails LLC, its officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorney fees) arising from or related to:

• Your use of our platform
• Your violation of these Terms
• Your violation of any rights of another party
• Your conduct in connection with the platform

13. Termination

We may terminate or suspend your account and access to our platform at any time, with or without cause, and with or without notice. Reasons for termination may include:

• Violation of these Terms
• Fraudulent or illegal activity
• Failure to comply with payment processing requirements
• Inappropriate conduct or behavior
• Inactive account for extended periods

You may terminate your account at any time by contacting us. Upon termination, your right to use the platform will cease immediately, but certain provisions of these Terms will survive termination.

14. Dispute Resolution

Any disputes arising from or related to these Terms or your use of our platform will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in Raleigh, North Carolina, and governed by North Carolina law.

You agree to waive any right to a jury trial and to participate in class action lawsuits. This arbitration clause does not apply to claims for injunctive relief or disputes that can be resolved in small claims court.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms will be brought exclusively in the courts of Wake County, North Carolina.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes by posting the updated Terms on our platform and updating the "Last Updated" date. Your continued use of the platform after such changes constitutes your acceptance of the modified Terms.

If you do not agree to the modified Terms, you must stop using our platform and may terminate your account.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.

18. Contact Information

If you have any questions about these Terms of Service, please contact us at: