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PianoUP

Terms and Conditions

PianoUP, a product managed by Pulsar Music Inc., Ontario, Canada, (collectively, "PianoUP", "us", "our", or "we"), has developed a music practice platform, allowing music learners ("Students") to improve their technical skills in Piano and teachers ("Teachers"), collectively known as "Students and Teachers" or "Users", to engage, enrich, and manage music Students (software known as "PianoUP"), available to you through our website and/or our mobile application (collectively, "Site"). Please read the following Terms of Service carefully before using our Site so that you are aware of your legal rights and obligations with respect to your use of the Site. By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms of Service (the "Terms"). Our Privacy Policy, ("Privacy Policy") governs our collection, processing and transfer of any Personal and Non-personal Data (as such term is defined in the Privacy Policy), and constitutes an integral part of the Terms. "You" means an individual using the Site. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms please do not access or use the Site.
1. Background. Thank you for visiting the Site. PianoUP is happy to make available to you the content on its Site for informational purposes.
2. Modification. We reserve the right, at our discretion, to change these Terms at any time. Such change will be effective ten (10) days following posting of the revised Terms on the Site, and your continued use of the Site thereafter means that you accept those changes.
3. Ability to Accept Terms. The Site is only intended for individuals aged eighteen (18) years or older. Individuals before 18 years of age must review these Terms with their parent or guardian before visiting or using the Site to make sure that the individual and the parent or guardian understand these Terms and agree to them.
4. Site Access. For such time as these Terms are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms and applicable law. Subject to applicable law, PianoUP reserves the right to discontinue or modify any aspect of the Site at any time.
5. Restrictions. You shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), except as expressly authorized herein; (iii) disrupt servers or networks connected to the Site; (iv) use or launch any automated system (including without limitation, "robots" and "spiders") to access the Site; and/or (v) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
6. Personal Data. We will use any Personal Data we obtain from you only for the purposes specified in our Privacy Policy. Please see the Privacy Policy for further details on how information may be gathered and used by PianoUP.
7. Account. In order to use some of the services on the Site, you may have to create an account ("Account"). You agree not to use the account of another user without our written permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify PianoUP immediately of any breach of security or unauthorized use of your Account. As between you and PianoUP, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send an email request to PianoUP at pianoup@pulsar-music.com. Following such a request, PianoUP shall close your account as soon as reasonably practicable. Any suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, limitation of liability, and payment obligations), which by their sense and context are intended to survive such suspension or termination.
8. Teacher-Student connection. PianoUP allows adding your Teacher(s) and/or Student(s) to the system. The Teacher(s) and/or Student(s) will have to review your request and approve or deny it. Sending requests to users who are not your real teachers and/or students is prohibited on the Site and may result in suspension or termination of your account.
9. Payments to PianoUP. 9.1. Upon completion of a free trial period and unless you continue using our Free plan, if applicable, use of PianoUP requires subscribing to a package (Premium plan), as available on the Site.
9.2. If you are a Teacher and do not require access to the learning materials available outside of the trial period duration and outside of the lessons in the Free plan, you are not obligated to pay the Premium subscription plan.
9.3. If you are directed to a third-party payment processor, you may be subject to terms and conditions governing the use of that third party's service and that third party's Personal Data collection practices. Please review such terms and conditions and privacy policy before using such services.
9.4. Where applicable, taxes may also be charged.
9.5. Subject to applicable law, except as expressly provided in these Terms, fees are non-refundable. For the avoidance of doubt, subject to applicable law, any termination of your account shall not entitle you to a refund of any payment you have made in advance to PianoUP.
9.6. Please note that PianoUP may impose or deduct foreign currency processing costs on or from any payments or payouts by PianoUP in currencies other than Canadian dollars. When converting currency, prices may be rounded up to the nearest whole number.
9.7. You are solely responsible for properly cancelling your account. An email or chat request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the ‘Billing’, then 'Manage Billing', then 'Cancel Plan' button within 'My Account'.
9.8. PianoUP does not issue refunds on any payments. Termination or suspension of the user’s account is not subject to refund. If the user cancels his/her account during any time of the subscription period, the refund will not be issued, however, the user may use the subscription plan until the end of the subscription period.
9.9. If a User signed up to the Beta testing (also known as Early Access) program, PianoUP may or may not require Premium plan subscription for the features of the Beta testing program.
10. Intellectual Property Rights. 10.1. Content and Marks. The (i) content on the Site, including without limitation, the text, documents, articles, brochures, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the "Materials"), and (ii) Learning Activity, as defined below (together with the Materials, the "Content"), and (iii) the trademarks, service marks and logos contained therein ("Marks"), are the property of PianoUP and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “PianoUP”, the PianoUP logo, and other marks are Marks of PianoUP or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners. We reserve all rights not expressly granted in and to the Site and the Content.
10.2. Use of Content. The content on the site is provided to you “as is” for your personal use only and may not be used, copied, distributed, broadcast, displayed, sold or licensed for commercial purposes. Teachers may assign Materials to Students as part of their teaching. To the extent that you are permitted to use Materials for teaching, you must retain all copyright and other proprietary notices contained therein.
11. Learning Activity. The Site may record your interactions with the Content, including but not limited to selection of the lessons to practice, submission of sound recording for evaluation, etc. ("Learning Activity"). By interacting with the Site, you hereby grant PianoUP a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Learning Activity in connection with the Site and PianoUP's business, including without limitation for publishing and redistributing part or all of your Learning Activity (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in your Learning Activity, to the extent permitted by law.
12. Spam. You agree not to, and will not, use the communications systems provided by the Site to send unauthorized commercial communications and you shall be solely responsible and liable for any such unauthorized communications.
13. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
14. Links. The Site may contain links to third-party websites that are not owned or controlled by PianoUP. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third-party websites. You: (i) are solely responsible and liable for your use of and linking to third party websites and any content that you may send or post to a third party website; and (ii) expressly release PianoUP from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.
15. Warranty Disclaimers. 15.1. This section applies whether or not the services provided under the Site are for payment. Certain jurisdictions may not allow the exclusion of certain warranties, so to that extent, certain exclusions set forth herein may not apply to you.
15.2. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. PianoUP HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. PianoUP DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT PianoUP WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY.
15.3. EXCEPT AS EXPRESSLY STATED IN OUR Privacy Policy, PianoUP DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
16. Limitation of Liability. 16.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PianoUP and its associates SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF PianoUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
16.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, SHALL THE AGGREGATE LIABILITY OF PianoUP FOR ANY DAMAGES ARISING UNDER THESE TERMS OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE OR UNDER ANY CAUSE OF ACTION EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO PianoUP FOR USING THE SITE DURING THE THREE (3) MONTHS PRIOR TO BRINGING THE CLAIM.
17. Indemnity. You agree to defend, indemnify and hold harmless PianoUP and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from (i) your use of, or inability to use, the Site; (ii) your interaction with any Site user; or (iii) your violation of these Terms.
18. Privacy. We will use any Personal and Non-personal Data that we may collect or obtain in connection with the Site in accordance with our Privacy Policy. You agree that we may use Personal and Non-personal Data that you provide or make available to us in accordance with the Privacy Policy.
19. Term and Termination. These Terms are effective until terminated by PianoUP or you. PianoUP, in its sole discretion, has the right to terminate these Terms and/or terminate or suspend your access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). Grounds for such termination or suspension may include (i) violation of the letter or spirit of these Terms, (ii) fraudulent, harassing or abusive behaviour, (iii) behaviour that is illegal or harmful to other users, third parties, or the business interests of PianoUP; or (iv) failure to make payment in accordance with the terms specified herein, including chargebacks. If your account is terminated, you may not rejoin PianoUP again without express permission. Upon termination of your account, you shall not have any further access to any Content that may be available through your account. PianoUP shall not be liable to you or any third party for termination of the Site, or any part thereof. If you object to any term or condition of these Terms, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. In case of the account suspension, termination, or you cease all use of the Site, you will not be entitled to a refund, even if your subscription remains active. Further, you will be responsible for the termination of your subscription. This Section 19 and Sections 10 (Intellectual Property Rights), 11 (Learning Activity), 18 (Privacy), 15 (Warranty Disclaimers), 16 (Limitation of Liability), 17 (Indemnity), and 20 (Independent Contractors) to 23 (General) shall survive termination of these Terms.
20. Independent Contractors. You and PianoUP are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and PianoUP. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of PianoUP.
21. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by PianoUP without restriction or notification to you. Any prohibited assignment shall be null and void.
22. Governing Law and Jurisdiction. These Terms and the relationship between you and PianoUP shall be governed by and construed in accordance with the laws of Canada and the competent courts in Canada shall have exclusive jurisdiction to hear any disputes arising hereunder.
23. General. These Terms shall constitute the entire agreement between you and PianoUP concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
24. Contact Information. If you have any questions or concerns about the Terms for this Site or their implementation, you may contact us at pianoup@pulsar-music.com or through the Contact Us page (account registration required to prevent spam).

Last updated: February 09, 2022