Terms of Use – InplayStream

1. Agreement to Terms

These Terms of Use (“Terms”) are a legal agreement between you and InplayStream (“we,” “us,” or “our”) that governs your access to and use of our website and Services.

By creating an account, accessing, or using the Services, you:

• agree to be bound by these Terms, and
• represent that you have the authority to enter into these Terms (for yourself or for an organization you represent).

If you do not agree to these Terms, you must not use the Services.

Notice about arbitration and class action waiver: Section 16 contains an arbitration agreement and class action waiver that affects your rights. Please read it carefully.

2. Changes to the Terms

We may update these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms and updating the “Last updated” date above, and where required, by additional notice.

Your continued use of the Services after the updated Terms become effective means you accept the changes.

3. Eligibility and accounts

You must be at least 13 years old (or the minimum age in your country to use online services) to use the Services. If you are under 18, you may use the Services only with a parent or legal guardian’s consent and involvement.

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to provide accurate information and keep it up to date.

4. Nature of the Services; independent users

InplayStream provides tools for music instruction and practice, including live lesson rooms, practice features, and related services (the “Services”). Teachers and students (or parents/guardians) are independent users of the Services. InplayStream does not employ teachers and does not control the content or quality of any lesson.

5. Subscriptions, payments, and taxes

Certain features require a paid subscription. Pricing and plan details are presented at checkout or on the pricing page. By subscribing, you authorize us (and our payment processor) to charge your payment method according to the selected plan.

Unless otherwise stated, subscriptions renew automatically until cancelled. You can cancel at any time, and your plan will remain active until the end of the current billing period. Fees are non-refundable except where required by law or expressly stated.

You are responsible for any applicable taxes, duties, or levies.

6. Acceptable use; prohibited activities

You agree not to misuse the Services. You must not:

• violate any law or regulation,
• attempt to access accounts or data that are not yours,
• interfere with or disrupt the Services or security of the platform,
• upload malware, or attempt to probe or scan vulnerabilities,
• reverse engineer the Services except where permitted by law,
• use the Services to harass, abuse, or harm others,
• upload, store, transmit, or share content you do not have the right to use,
• use the Services in a way that creates legal exposure, security risk, abuse, fraud, or operational harm for InplayStream or others.

We may, but are not obligated to, investigate, monitor, review, screen, remove, disable access to, preserve, or disclose content or account information where we reasonably believe it is necessary to enforce these Terms, protect the Services, users, rights holders, or third parties, investigate suspected fraud, abuse, infringement, nonpayment, or security incidents, comply with applicable law, legal process, or lawful requests, or prevent harm or legal exposure to InplayStream or others. We may take any of those actions with or without notice, to the extent permitted by law.

7. User content and license

You may upload, submit, store, transmit, display, share, or otherwise provide content such as messages, files, recordings, sheet music, scores, books, lesson materials, images, PDFs, Media Library content, or other materials (“User Content”). You retain your rights in your User Content. However, you grant InplayStream a limited, non-exclusive, worldwide license to host, store, reproduce, transmit, display, process, adapt for technical formatting, and otherwise use User Content only as reasonably necessary to operate, secure, maintain, improve, and provide the Services and features you request.

You are solely responsible for your User Content and for the legality of uploading, storing, using, displaying, transmitting, sharing, or otherwise making it available through the Services, including through the Media Library. By submitting User Content, you represent and warrant that you own it or have all rights, licenses, consents, permissions, and authorizations necessary to upload, store, use, copy, display, transmit, share, and otherwise make that User Content available through the Services for your intended instructional, educational, personal, or organizational purpose.

If your User Content includes third-party materials, including sheet music, books, lesson pages, scores, recordings, images, PDFs, or Media Library files, you represent and warrant that you have obtained and will maintain all rights, licenses, consents, permissions, and clearances needed for the relevant class, lesson, school, studio, organization, or other authorized participants. You must not upload, store, use, or share User Content that infringes copyright, trademark, privacy, publicity, contract, confidentiality, or other rights of any person or entity.

InplayStream does not provide, create, license, validate, monitor, pre-screen, or guarantee the legality of third-party instructional materials uploaded by users. User-uploaded materials remain the sole responsibility of the user, teacher, school, studio, parent, or organization that submitted or shared them.

We are not obligated to pre-screen, monitor, or verify User Content, ownership, permissions, legality, accuracy, quality, safety, or fitness for any purpose. We may, but are not required to, remove, restrict, disable access to, preserve, review, or disclose User Content where we reasonably believe it may violate these Terms, applicable law, or third-party rights, or may create risk, harm, or liability for InplayStream, users, rights holders, or others.

You are responsible for keeping your own backup copies of User Content. To the maximum extent permitted by law, InplayStream is not responsible for loss, deletion, unavailability, corruption, or failure to store or preserve any User Content.

8. Lessons, recordings, and local laws

Some features allow recording of sessions or capturing media. You are solely responsible for determining whether recording, monitoring, storing, sharing, or using lesson content is permitted in your jurisdiction and context, for obtaining all required notices, permissions, and consents from participants or their authorized representatives, and for complying with all applicable recording, privacy, student-data, employment, education, copyright, and other laws.

If you use the Services on behalf of a school, studio, teacher, organization, parent, or minor, you represent that you are authorized to do so and that you have provided or obtained any notices, consents, permissions, and instructions required for that use. InplayStream is not responsible for your compliance with those obligations.

9. AI assistant and automated tools

The Services may include AI-powered features. AI outputs may be inaccurate or incomplete and are provided for informational purposes only. You are responsible for how you use AI-generated results.

10. Intellectual property rights

The Services, including the platform, software, design, trademarks, and other content provided by InplayStream, are owned by InplayStream or its licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Services unless you have our written permission.

11. Copyright complaints (DMCA / similar)

If you believe content on the Services infringes your copyright or other intellectual property rights, you may contact us at [email protected] with a written notice that includes enough information for us to identify the material, review the claim, and contact the reporting party or uploader if needed.

To help us review a complaint, please include, where applicable: your full name and contact information; identification of the copyrighted or other protected work you believe is being infringed; identification of the allegedly infringing material and its location on the Services; a statement of the basis for your claim; a statement that you have a good-faith belief that the disputed use is not authorized by the rights holder, its agent, or the law; a statement that the information you provide is accurate and, where applicable, that you are authorized to act on behalf of the rights holder; and your physical or electronic signature.

We may request additional information before acting on a complaint. We may remove, restrict, disable access to, preserve, or investigate content that we reasonably believe may infringe intellectual property rights or otherwise violate these Terms, and we may notify the user who uploaded the content.

If content is removed or access is restricted based on an intellectual-property complaint, the affected user may contact us with a counter-notice or explanation containing enough information for us to evaluate the matter. We may, but are not obligated to, restore content if we determine restoration is appropriate or required.

Repeat infringer policy: in appropriate circumstances, we may warn, suspend, restrict, disable, or terminate accounts of users who repeatedly upload, store, use, or share content that infringes the rights of others, or whose accounts are the subject of repeated valid infringement notices or similar complaints.

We may also act immediately in cases of apparent, willful, or serious infringement, repeat abuse, or where reasonably necessary to protect the Services, rights holders, or other users.

12. Third-party services and links

The Services may integrate third-party services or include links to third-party websites. We do not control and are not responsible for third-party services or content. Your use of third-party services is subject to their terms and policies.

13. Disclaimers

The Services are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

To the fullest extent permitted by law, we do not warrant that the Services will be uninterrupted, secure, error-free, accurate, reliable, available at any particular time or location, or free from loss, delay, corruption, interception, or unauthorized access. We do not warrant that any content, lessons, recordings, User Content, third-party materials, teacher services, student participation, AI outputs, or results obtained through the Services will be accurate, lawful, non-infringing, complete, safe, or fit for your purposes.

InplayStream does not endorse, verify, monitor, supervise, or assume responsibility for User Content, third-party materials, lesson content, recordings, shared files, communications, or the conduct of teachers, students, parents, schools, studios, organizations, or other users. Your use of the Services and any content or materials made available through the Services is at your own risk.

14. Limitation of liability

To the maximum extent permitted by law, InplayStream and its affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or any loss of profits, revenues, data, goodwill, business opportunities, anticipated savings, or business interruption, arising out of or related to the Services or these Terms, even if advised of the possibility of such damages.

To the maximum extent permitted by law, InplayStream and its affiliates will not be liable for any claim, loss, or damage arising from or relating to User Content, third-party materials, intellectual-property disputes, recording or privacy disputes, the conduct of teachers, students, parents, schools, studios, organizations, or other users, unauthorized access to or use of the Services, loss or corruption of content or data, service interruptions, or your failure to obtain rights, licenses, permissions, notices, or consents.

To the maximum extent permitted by law, the total aggregate liability of InplayStream and its affiliates for all claims arising out of or relating to the Services or these Terms will not exceed the greater of: (a) the total amount you paid to InplayStream for the Services during the 12 months immediately before the event giving rise to the claim, or (b) USD $100.

These limitations apply regardless of the form of action, whether in contract, tort, strict liability, negligence, statute, or otherwise, and will apply to the fullest extent permitted by law. Nothing in these Terms limits liability to the extent such limitation is prohibited by applicable law.

15. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless InplayStream and its affiliates, officers, directors, employees, agents, contractors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to: your use of the Services; your User Content; your upload, storage, use, copying, display, transmission, sharing, recording, or other handling of materials through the Services or the Media Library; your violation of these Terms; your violation of applicable law; your failure to obtain required rights, licenses, permissions, notices, or consents; or your infringement or violation of the rights of any third party.

16. Governing law; arbitration; class action waiver

These Terms and any dispute arising out of or relating to these Terms or the Services are governed by the laws of the State of Texas, without regard to conflict of law principles, except that the Federal Arbitration Act governs the interpretation and enforcement of this Section 16.

Before starting arbitration, either party must first send the other party a written notice of dispute describing the issue and the requested relief, and the parties agree to attempt to resolve the dispute informally for at least 30 days.

Except for claims that may be brought in small claims court, claims for injunctive or equitable relief relating to intellectual property or misuse of the Services, or claims that applicable law does not allow to be arbitrated, any dispute arising out of or relating to these Terms or the Services will be resolved by final and binding arbitration on an individual basis. The arbitration will be administered by the American Arbitration Association under the consumer or other AAA rules applicable to the dispute then in effect. The arbitration will be conducted in English by a single arbitrator. Unless otherwise required by law or AAA rules, the arbitration may take place remotely, in Denton County, Texas, or in the county of your residence, as determined under the applicable rules or by agreement of the parties.

You and InplayStream each waive the right to a jury trial and the right to bring or participate in any class action, class arbitration, private attorney general action, consolidated action, or other representative proceeding. The arbitrator may award relief only on an individual basis and only to the extent necessary to resolve the individual claim.

If any portion of this Section 16 is found unenforceable as to a particular claim or request for relief, then that portion will be severed and the remaining portion of this Section 16 will remain in effect to the fullest extent permitted by law.

17. Force majeure

We are not liable for delays or failures to perform resulting from causes beyond our reasonable control, including acts of God, natural disasters, labor disputes, war, terrorism, or internet service disruptions.

18. General provisions

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of that provision or any other provision.

You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent. We may assign or transfer these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law.

These Terms, together with any policies or additional terms expressly incorporated into them, constitute the entire agreement between you and InplayStream regarding the Services and supersede prior or contemporaneous understandings relating to the same subject matter.

Sections that by their nature should survive suspension or termination of the Services or your account will survive, including without limitation provisions relating to payments, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and general provisions.

19. Contact information

If you have questions about these Terms, contact us at:

Email: [email protected]