Terms of Service — Otunes
Draft — not legal advice: Have these Terms reviewed by qualified counsel before relying on them for enforcement or compliance.
1. Acceptance of terms
Thank you for choosing Otunes, an AI-assisted music learning and assessment product operated by Outcoach Pty Ltd ("Outcoach", "we", "us", "our"). These Terms of Service ("Terms") form a binding agreement between you ("you", "your", "User") and Outcoach governing your access to and use of Otunes (the web application, APIs we make available to you as part of Otunes, and related services, collectively the "Service").
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you use the Service on behalf of a company, school, or other entity, you represent that you have authority to bind that entity. If you do not agree, do not use the Service.
We may update these Terms from time to time. The current version will be posted on this site. If we make material changes, we may notify you by email or in-app where practicable and in line with applicable law.
2. Intellectual property rights
All intellectual property rights in the Service—including software, interfaces, branding, question banks (where owned by us), and curated materials—are owned by Outcoach or its licensors. You may not copy, modify, reverse engineer, distribute, or create derivative works except as expressly permitted in writing.
You retain ownership of User Data you submit (for example profile information, assessment answers, recordings, and uploads). You grant Outcoach a worldwide, royalty-free licence to host, process, store, transmit, display, and use User Data as needed to provide the Service—including to run assessments, generate scores or feedback, operate AI-assisted learning features, improve and secure the Service, and comply with law. We may use aggregated and de-identified data that cannot identify you to operate and improve the Service.
Feedback you provide may be used by Outcoach without obligation or restriction, subject to our Privacy Policy.
3. Licence and acceptable use
Outcoach grants you a limited, non-exclusive, non-transferable, revocable licence to use Otunes in accordance with these Terms. You agree not to:
- Use the Service to build a competing product or service or to scrape or automate access beyond what we permit;
- Circumvent billing, usage limits, or access controls;
- Upload viruses, malware, or harmful code, or interfere with the integrity or performance of the Service;
- Use the Service for unlawful, infringing, defamatory, or prohibited content or activity;
- Violate any applicable law or regulation.
We may suspend or terminate access for breach or misuse.
4. Account registration
You must provide accurate information and keep your credentials secure. You are responsible for activity under your account. Outcoach is not liable for losses from unauthorised use where you failed to safeguard credentials.
5. Trials and subscriptions
We may offer free trials or promotional access as described at signup. When a trial ends, access may be suspended unless you subscribe on terms then in effect. Paid subscriptions are described on our pricing page and at checkout (including billing currency, renewal, and trial length where applicable).
6. Fees and payment
Paid subscriptions are processed by third-party providers (for example Stripe). By subscribing, you authorise charges to your payment method as shown at purchase. Subscriptions may renew automatically unless cancelled as described at signup or in your account settings. Taxes may apply as stated at checkout. We may suspend access for failed payments. Fees are non-refundable except where required by law.
7. Cancellations and termination
You may cancel according to the flows we provide (for example in account or subscription settings) or by contacting support. Cancellation may take effect at the end of the current billing period. We may terminate or suspend access for breach, legal requirement, or risk of harm. Upon termination, rights granted here end; provisions that by nature survive (including IP, disclaimers, and liability limits where allowed) continue.
8. User-generated content
You may upload content such as audio, text, or images ("User Content"). You retain ownership subject to the licence in section 2. You warrant that your User Content is lawful, does not infringe third-party rights, and that you have authority to upload it (including, for recordings involving minors, appropriate consent from a parent, guardian, or institution). We may remove or restrict content that violates these Terms or applicable law.
9. Educational nature of the Service
Otunes provides educational support (including AMEB-oriented practice and theory-style content where offered). It is not an official AMEB examination, certificate, or substitute for a qualified human teacher or examiner. AI-generated or automated outputs may be incorrect or incomplete; you remain responsible for your musical development and exam preparation decisions.
10. Third-party links and integrations
The Service may link to or integrate third-party services. Outcoach does not control third-party terms or content; your use of those services is governed solely by their policies.
11. Security and data protection
We implement safeguards consistent with industry practice. No method of storage or transmission is completely secure. For details on personal data, see our Privacy Policy.
12. Data retention and backups
You are responsible for keeping copies of important materials where needed. We perform backups but do not guarantee recovery in all circumstances.
13. Modifications to the Service
We may modify, suspend, or discontinue features with reasonable notice where practicable. We are not liable for modification or discontinuance beyond what applicable law requires.
14. Disclaimers
The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, Outcoach disclaims warranties whether express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. We do not guarantee uninterrupted or error-free operation or specific learning outcomes.
15. Limitation of liability
To the fullest extent permitted by law, Outcoach and its officers, directors, employees, and affiliates will not be liable for indirect, incidental, consequential, special, or punitive damages, or for loss of data, profits, or revenue. Our total liability for any claim relating to the Service may be limited to the amount you paid us for the Service in the twelve months before the event giving rise to the claim, where such a cap is permitted. Some jurisdictions do not allow certain limitations; in those cases our liability is limited to the maximum permitted by law.
16. Indemnification
You agree to indemnify and hold harmless Outcoach and its affiliates from claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Service, your User Content, or your breach of these Terms or violation of third-party rights.
17. Governing law and dispute resolution
These Terms are governed by the laws of the Commonwealth of Australia and the State of Victoria. The parties will use good faith efforts to resolve disputes through negotiation for at least ninety (90) days after written notice. If unresolved, disputes may be referred to binding arbitration in Melbourne, Australia under the rules of the Australian Centre for International Commercial Arbitration (ACICA), or as otherwise agreed in writing. You waive any right to participate in a class or representative action to the extent permitted by law. Nothing limits either party's right to seek urgent injunctive relief in a court of competent jurisdiction.
18. Force majeure
Outcoach is not liable for delays or failures due to events beyond reasonable control, including natural disasters, government action, internet outages, labour disputes, or third-party service failures.
19. General provisions
- Severability: If a provision is invalid, the remainder remains in effect.
- Assignment: Outcoach may assign these Terms; you may not assign without our consent.
- Entire agreement: These Terms and the Privacy Policy constitute the entire agreement regarding Otunes, subject to any separate enterprise agreement you sign with us.
- Waiver: Failure to enforce a provision is not a waiver of future enforcement.
20. Contact
Otunes support and legal questions: Help & resources
Email: support@outcoach.io (include "Otunes" in the subject line).
Privacy: Privacy Policy and Cookies Policy.