Terms of Service

1.1These Terms of Service (Terms) are an agreement between MusiCal, ABN 71 608 106 413, South Australia, Australia (MusiCal, we, us), and the school, college or education provider named on the registration or invoice (the School, you).

1.2By registering a school workspace, paying an invoice, or allowing your staff, students or families to use the Service, the School agrees to these Terms. The person who registers confirms they are authorised to bind the School.

1.3These Terms cover MusiCal for Schools: the School’s branded workspace, login, enrolment form and portals (the Service). MusiCal Studio and Solo, our product for private studios and independent teachers, is a separate application with its own terms.

School Workspace

One school music programme, served by its own MusiCal workspace and web addresses. A school with several campuses runs as one School Workspace unless we agree otherwise in writing.

Users

The School’s administrators, teachers and tutors, students, and parents or guardians who use the Service.

Licence Year

The twelve-month period starting on the date we activate the School Workspace, and each twelve-month renewal period after it.

Fees

The annual licence fee for the School Workspace, as quoted to the School and shown on its invoice.

School Data

All information entered into or generated by the Service for the School Workspace, including student, family and teacher records, timetables, attendance, notes and uploaded resources.

3.1For each Licence Year that Fees are paid, we grant the School a non-exclusive, non-transferable licence for its Users to access and use the Service for the School’s own music programme.

3.2The licence is per School Workspace, not per seat. There is no limit on the number of Users, lessons or records, and no additional charge when enrolments change during a Licence Year.

3.3The School may not resell, sublicense or share the Service with another school or organisation, or make its workspace available to people who are not its Users.

3.4The School may not copy, modify, reverse-engineer or create derivative works of the Service, remove any branding or notices, or use automated tools to extract content or overload the Service.

4.1The agreement starts when we activate the School Workspace and continues for the Licence Year.

4.2Before the end of each Licence Year we send a renewal invoice at the price then quoted. The agreement renews for a further Licence Year when that invoice is paid. If the School does not wish to renew, it simply does not pay the renewal invoice; access ends at the end of the current Licence Year.

4.3We give the School at least 30 days’ notice of any change to the annual Fees before a renewal.

5.1Fees are stated in Australian dollars. Where GST applies it is shown separately on the invoice.

5.2We invoice the School. Invoices are payable within 30 days of the invoice date by electronic funds transfer or another method shown on the invoice. Purchase orders are welcome.

5.3If an invoice is not paid within 30 days after a reminder, we may suspend access to the School Workspace until it is paid. Suspension does not extend the Licence Year.

5.4Fees are not refundable except where required by law or where clause 12.3 applies.

5.5The Service does not process payments and holds no card or bank details. Any fees the School charges its families for music tuition are collected by the School through its own systems.

6.1We may provide evaluation access (for example the public schools demo, or a time-limited School Workspace) at no charge. Evaluation access is provided as-is and may be withdrawn at any time. The public demo contains sample data only and is reset regularly; nothing entered there is kept. Data entered in a time-limited evaluation workspace may be deleted when the evaluation ends unless the School licenses the workspace.

7.1The School is responsible for:

• having the authority to enter its students', families' and teachers' personal information into the Service, including obtaining any parental or guardian consent that its own policies or applicable law require, whether the information is entered by families on the enrolment form, imported by the School, or typed in by its staff;
• managing its own User accounts and roles, choosing which students and parents (if any) are invited to the portals, and keeping passwords confidential;
• the accuracy of the information its Users enter;
• ensuring Users use the Service only for the School's music programme and in line with our Acceptable Use Policy and the School's own policies;
• not entering health or other sensitive information about students or staff into the Service, which has no place for it;
• the content of any terms and conditions the School attaches to its own enrolment form.

7.2The School must tell us promptly at the contact address below if it becomes aware of unauthorised use of an account or its workspace.

8.1Ownership. The School owns its School Data. We use it only to provide, support, secure and improve the Service for the School, and as otherwise permitted by these Terms and our Privacy Policy.

8.2What is collected. The categories of personal information the Service can hold are listed in section 3 of the Privacy Policy. The Service collects no health information, no payment details and no student photos.

8.3Where it is stored. School Data is stored in a managed database and file store operated by Supabase on Amazon Web Services in the Sydney, Australia region. Data is encrypted in transit and at rest, and each School’s data is separated from every other school’s by row-level security.

8.4Sub-processors. Supabase (database, authentication, storage), Netlify (application hosting) and Resend (email delivery) are the only third parties that process School Data on our behalf. They are described, with the countries involved, in the Privacy Policy. We will tell the School before adding a sub-processor that would process School Data.

8.5No sale or advertising. We do not sell School Data, use it for advertising, or share identifiable data with anyone other than the School and our sub-processors. We may use aggregated, non-identifying usage figures to monitor and improve the Service.

8.6Access, export and deletion. Administrators can view, correct, archive and delete records at any time. The School may also ask us to export or delete any or all of its School Data, and we will do so within 14 days and confirm deletion in writing.

8.7Retention. When the agreement ends we keep School Data for 30 days so the School can export it, then delete it together with the workspace’s User accounts, unless the School asks us to delete it sooner.

8.8Data breaches. If we become aware of unauthorised access to School Data, we will tell the School without undue delay, give it the information it needs to meet its own obligations, and take reasonable steps to contain the incident.

8.9We handle personal information in accordance with the Australian Privacy Principles in the Privacy Act 1988 (Cth) and our Privacy Policy. Where the School’s applicable law or sector policy imposes additional requirements (for example a school-system privacy impact assessment or data-processing agreement), the parties will work together in good faith to meet them.

9.1The Service, including its software, design, documentation and help content, is owned by MusiCal and protected by copyright and other intellectual-property laws. Nothing in these Terms transfers ownership of the Service to the School.

9.2Content the School or its Users create or upload (for example lesson notes, resources and email templates) belongs to the School. The School grants us a licence to store and display that content in order to provide the Service, and confirms it has the right to upload it.

9.3The School may use the MusiCal name and logo in internal communications about the Service, such as newsletters. Any other use of our branding needs our written consent.

10.1We will use reasonable efforts to keep the Service available and to fix material faults promptly. The Service depends on third-party infrastructure and the internet, so we do not guarantee uninterrupted availability.

10.2Support is provided by email at the contact address below during Australian business hours. We aim to respond within two business days.

10.3We may update the Service, add or change features, and perform maintenance. We will try to schedule disruptive maintenance outside school hours and will not materially reduce the core functionality licensed during a Licence Year.

10.4We may update these Terms. We will publish the new version at least 30 days before it takes effect and email the School’s administrator contact. Changes do not increase the Fees for the current Licence Year. If the School does not accept a change, it may end the agreement under clause 12.3.

11.1Users must comply with our Acceptable Use Policy. In particular, Users must not upload unlawful, offensive or infringing content, harass others, attempt to access another school’s data, probe or test the security of the Service without our written permission, or use the Service in a way that damages or disrupts it.

11.2We may remove content or suspend a User or School Workspace that we reasonably believe breaches this clause, after telling the School where it is practical to do so.

12.1Either party may end the agreement at the end of the current Licence Year by not renewing under clause 4.2.

12.2Either party may end the agreement immediately by written notice if the other party materially breaches these Terms and does not fix the breach within 14 days of being asked to.

12.3If we change these Terms or the Service in a way that materially disadvantages the School, the School may end the agreement by written notice within 30 days of the change, and we will refund the Fees for the unused part of the Licence Year on a pro-rata basis.

12.4When the agreement ends, the School’s access stops and clause 8.7 applies to its School Data. Clauses 8, 9, 13 and 14 continue to apply.

13.1Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy the School has under the Australian Consumer Law or other law that cannot be excluded. Where our liability for breach of such a guarantee can be limited, it is limited to re-supplying the Service or paying the cost of having it re-supplied.

13.2The Service is an administration tool. It supports, and does not replace, the School’s own judgement and record-keeping obligations, including its duty of care and its compliance checks on visiting staff. Compliance-expiry reminders are provided for convenience and should be verified by the School.

13.3Subject to clause 13.1, our total liability to the School arising out of or in connection with these Terms in any Licence Year is limited to the Fees paid by the School for that Licence Year, and neither party is liable to the other for indirect or consequential loss, loss of data that the School could reasonably have exported, or loss of profit or opportunity.

13.4Each party will do what is reasonable to reduce any loss it suffers.

14.1These Terms are governed by the laws of South Australia, Australia, and the parties submit to the courts of that State.

14.2These Terms, the Privacy Policy, the Acceptable Use Policy and the School’s invoice are the whole agreement between the parties about the Service. If a School’s purchase order or terms conflict with these Terms, these Terms apply unless we have agreed otherwise in writing.

14.3Neither party is liable for a failure caused by events outside its reasonable control, other than a failure to pay.

14.4If any part of these Terms is unenforceable, the rest continues to apply. A party’s delay in enforcing a right is not a waiver of it.

14.5Notices may be given by email: to us at info@musicalendar.app, and to the School at its administrator’s email address.

15.1Questions about these Terms, invoicing, or a data export or deletion request: info@musicalendar.app. MusiCal, ABN 71 608 106 413, South Australia, Australia.