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Terms and Conditions

INDEXTEN TERMS AND CONDITIONS

That Music Teacher, LLC, d/b/a Tarbet Education Network Website: indexten.app Effective Date: July 27, 2026

These Terms and Conditions ("Terms") form a binding agreement between you ("you," "your," or "User") and That Music Teacher, LLC, an Ohio limited liability company doing business as Tarbet Education Network ("Company," "we," "us," or "our") governing your access to and use of IndexTEN, our Kodály-based repertoire management application, including its website, applications, and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not access or use the Service. Our Privacy Policy, available at indexten.app/privacy, describes how we collect and handle personal information and is incorporated into these Terms by reference.

Eligibility. You must be at least 18 years old and capable of forming a binding contract to use the Service. The Service is intended for use by professional educators and is not directed to children. The Service is currently offered only to users located in the United States. You represent that you are accessing the Service from within the United States.

1. Founding Cohort / Early Access Status

IndexTEN is actively under development and is launching to an initial founding cohort of users. By joining during this period, you acknowledge and agree that:

This early-access status affects how the Service currently behaves, but does not reduce any of the rights, protections, or commitments described elsewhere in these Terms, including the pricing lock described in Section 3.3.

2. Accounts

2.1 Registration

To use IndexTEN, you must create an account with a valid email address and password. You agree to provide accurate information and to keep your account information current.

2.2 Single Named User

Each IndexTEN account is licensed to a single named individual educator. You may not share your login credentials with, or otherwise permit access to your account by, any other person, including co-workers, colleagues, supervisors, or family members. Each individual educator who wishes to use IndexTEN must register and maintain their own account and applicable subscription.

If we determine that an account is being shared or used by more than one individual, we may, at our sole discretion and in addition to any other remedy available to us:

(a) require you to purchase additional subscriptions covering each individual who has accessed the account, and invoice you at the then-current rate for each such subscription; (b) suspend the account until the violation is cured; or (c) terminate the account as described in Section 11.

2.3 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activity occurring under your account. Notify us immediately at hello@thatmusicteacher.com if you suspect unauthorized access to your account.

3. Subscription Plans, Billing, and Payment

3.1 Plans

IndexTEN is a paid subscription service. Access to the Service requires an active paid subscription. We offer one or more subscription tiers, as described on our pricing page at the time you subscribe. We do not currently offer a free tier, and nothing in these Terms obligates us to introduce one.

3.2 Billing and Auto-Renewal

Paid subscriptions are billed in advance on a recurring basis (monthly or annually, as selected at signup) through our third-party payment processor, Stripe.

By subscribing, you expressly authorize us to charge your payment method on file, on an automatically recurring basis, for each renewal period at the then-applicable rate, until you cancel. Subscriptions renew automatically at the end of each billing period unless cancelled before the renewal date. We will send you an acknowledgment of your subscription, including the recurring charge amount, the billing frequency, and instructions for cancellation. For annual subscriptions, we will send a renewal reminder in advance of each automatic renewal.

You may cancel at any time through your account settings, without contacting support and without completing any retention process. Cancellation stops all future billing.

3.3 Founding Cohort Pricing Lock

If you subscribe as part of our founding cohort at a founding-rate price, that rate will remain locked for as long as your subscription remains active and uninterrupted, even if we later raise the public price for new subscribers. The following clarifications apply:

We will not modify or eliminate the pricing lock through an amendment to these Terms under Section 16.

3.4 Price Changes for Other Plans

For any plan other than a locked founding-cohort rate, we may change our prices from time to time. We will provide at least thirty (30) days' advance notice before a price change takes effect on your next renewal. Continued use of the Service after a price change takes effect constitutes acceptance of the new price. If you do not accept the new price, you may cancel before the change takes effect.

3.5 Refunds

Except as expressly stated in these Terms or where required by applicable law, all payments are non-refundable. You may cancel at any time to stop future billing; no partial-period or prior-period refund will be issued for time already paid for.

Exception. If we terminate your access under Section 11.2 (Termination for Convenience) — including if we discontinue IndexTEN — we will refund the unused, prepaid portion of your then-current subscription term on a pro-rata basis.

3.6 Taxes and Currency

All prices are stated and charged in United States dollars. You are responsible for any currency conversion costs, foreign transaction fees, or other charges imposed by your bank or card issuer.

Prices do not include applicable sales, use, or similar taxes unless stated otherwise. Where required, such taxes will be calculated and collected through our payment processor and added to your total at checkout.

3.7 Payment Disputes and Chargebacks

If you believe you have been charged in error, contact us at hello@thatmusicteacher.com before disputing the charge with your bank or card issuer. We will review promptly and correct any error we find.

Initiating a chargeback or payment dispute without first contacting us may result in immediate suspension or termination of your account under Section 11.1. You remain responsible for amounts properly owed, together with any fees imposed on us by our payment processor in connection with the dispute. We may condition reinstatement of a suspended account on payment of those amounts.

4. Cancellation, Suspension of Billing, and Data Retention

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation stops future billing immediately.

Access after cancellation. Your access to the Service continues through the end of the billing period you have already paid for. After that period ends, your general access to the Service ends.

Export window. For ninety (90) days following the end of your paid access, we retain Your Content and you may sign in for the limited purpose of using the self-service export function described in Section 5.6 to retrieve Your Content. During this window you may also resubscribe, in which case full access is restored and nothing is deleted.

After the 90-day export window closes, Your Content will be deleted from active systems, subject to routine backup cycling as described in our Privacy Policy.

You are responsible for exporting Your Content before the export window expires. Deletion after that period is permanent and irreversible.

5. Your Content

5.1 Ownership

As between you and us, you retain all ownership rights in the content you create, enter, upload, or import into your IndexTEN library — including song entries, tags, notes, saved lists, and any MusicXML or other files ("Your Content").

5.2 License You Grant to Us

By submitting Your Content to the Service, you grant Company a limited, non-exclusive, royalty-free, worldwide license to host, store, reproduce, process, transmit, back up, and display Your Content solely as necessary to operate, maintain, secure, and provide the Service to you. This license ends when Your Content is deleted from the Service, subject to routine backup cycling described in our Privacy Policy.

Aggregated and de-identified data. We may generate and use aggregated, de-identified, and statistical data derived from use of the Service (for example, aggregate counts of how frequently particular tags or taxonomy categories are used across all users) for purposes of operating, analyzing, improving, and marketing the Service. Such data will not identify you, your account, or any individual, and will not include the substance of Your Content. We own all rights in such aggregated and de-identified data.

5.3 Your Representations

You represent and warrant that, with respect to all of Your Content — including any content you create, enter, upload, or import into the Service:

(a) you own Your Content or otherwise hold all rights, licenses, consents, and permissions necessary to submit it to the Service and to permit the uses licensed in Section 5.2; (b) Your Content does not infringe or violate the intellectual property, privacy, publicity, or other rights of any third party; (c) Your Content does not violate any applicable law; and (d) Your Content contains no Student Personal Information, as described in Section 5.5.

You are solely responsible for Your Content, including any content you obtained from a third party and imported into the Service. Importing content that you received from another person does not transfer to you any rights in that content, and does not relieve you of the representations in this Section.

5.4 No Monitoring or Endorsement

We do not review, monitor, pre-screen, approve, verify, or endorse Your Content or any user's content. References elsewhere in these Terms to our classification framework or taxonomy refer solely to the database schema, field structures, and organizational architecture we develop as part of the Service. They do not refer to the tags, classifications, or values you create within that framework, and do not imply any editorial review of user-submitted content. We have no obligation to monitor content, but reserve the right to remove or disable access to content that we believe, in our sole discretion, violates these Terms or applicable law.

5.5 No Student Personal Information

The Service is a professional tool for educators and is not designed, intended, or authorized to store information about individual students.

You agree not to enter, upload, or import into the Service any personally identifiable information regarding any student, including but not limited to student names, initials, identification numbers, photographs, contact information, assessment or grade data, behavioral or disciplinary records, disability or health information, or any other information that identifies or could reasonably be used to identify an individual student ("Student Personal Information"). You represent and warrant that Your Content contains no Student Personal Information.

We are not acting as a "school official" under the Family Educational Rights and Privacy Act (FERPA), and are not acting as a school service provider, operator, or contractor under any state student data privacy law. We do not knowingly collect, maintain, or process student education records.

If we become aware that Your Content contains Student Personal Information, we may remove it, require you to remove it, or suspend or terminate your account, in each case without liability to you. You will indemnify us for any claim arising from Student Personal Information you submit, as provided in Section 14.

5.6 Export and Import

We provide a self-service export function allowing you to download Your Content, including files you have uploaded, in a portable format. This function exists to ensure your data remains yours and portable, and to permit you to maintain your own backup copies.

You acknowledge and agree that:

(a) You are solely responsible for any content you export and for any subsequent use, transmission, distribution, or disclosure of that content outside the Service. (b) You may not export Your Content for the purpose of distributing it to persons who are not authorized IndexTEN subscribers, or for the purpose of circumventing the single-named-user requirement in Section 2.2 or any per-user licensing or fee structure. (c) You may not import into the Service any content for which you do not hold the rights described in Section 5.3, including content received from any other person. (d) We may embed identifying information (including your account identifier and export timestamp) within export files, log all export activity, and impose reasonable rate limits on the export function.

5.7 Backup Responsibility and Data Loss

While we maintain commercially reasonable backup practices, you are responsible for maintaining your own independent copies of Your Content using the export function. We are not liable for any loss, corruption, or unavailability of Your Content, and you should not rely on the Service as your sole repository for any content of value to you.

6. Copyright Policy and DMCA

We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act ("DMCA"). It is our policy to respond promptly to valid notices of claimed infringement and to terminate the accounts of repeat infringers.

6.1 Designated Agent

Notices of claimed copyright infringement should be directed to our designated agent:

DMCA Designated Agent Bryson Tarbet That Music Teacher, LLC, d/b/a Tarbet Education Network 5232 Norwich Street, Suite E Hilliard, Ohio 43026 United States Phone: +1 (614) 504-3994 Email: hello@thatmusicteacher.com

Our designated agent is registered with the United States Copyright Office in its DMCA Designated Agent Directory. This information is also published at indexten.app/dmca.

6.2 Notice of Claimed Infringement

If you believe content on IndexTEN infringes your copyright, please send a written notice to our designated agent containing substantially the following, as required by 17 U.S.C. § 512(c)(3):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right allegedly infringed;

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notice, a representative list of such works;

  3. Identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate that material within the Service;

  4. Information reasonably sufficient to permit us to contact you, including your address, telephone number, and email address;

  5. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  6. A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right allegedly infringed.

Misrepresentation. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be liable for damages, including costs and attorneys' fees.

6.3 Our Response

Upon receipt of a compliant notice, we will expeditiously remove or disable access to the material identified, and will take reasonable steps to notify the user who submitted the material that it has been removed or disabled.

6.4 Counter-Notification

If you believe your content was removed or disabled as a result of mistake or misidentification, you may submit a written counter-notification to our designated agent containing substantially the following, as required by 17 U.S.C. § 512(g)(3):

  1. Your physical or electronic signature;

  2. Identification of the material that has been removed or disabled and the location at which it appeared before removal or disablement;

  3. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification;

  4. Your name, address, and telephone number; and

  5. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if your address is outside the United States, for any judicial district in which we may be found), and that you will accept service of process from the person who provided the original notice or an agent of that person.

Upon receipt of a compliant counter-notification, we will promptly forward a copy to the original complaining party. Unless that party notifies us within ten (10) business days that it has filed an action seeking a court order to restrain the allegedly infringing activity, we may restore the removed material in not less than ten (10) nor more than fourteen (14) business days following receipt of the counter-notification.

6.5 Repeat Infringer Policy

We will terminate, in appropriate circumstances, the accounts of users who are repeat infringers.

For purposes of this policy, a user receives a "strike" each time content submitted by that user is removed or disabled in response to a compliant DMCA notice that is not successfully countered. A user who accumulates three (3) strikes will have their account terminated. We may terminate an account with fewer than three strikes where the circumstances warrant, including where a single instance involves large-scale or willful infringement.

We maintain records of notices received, content removed, strikes issued, counter-notifications, and account terminations under this policy.

7. Acceptable Use

You agree not to, and not to permit others to, do any of the following using your account:

8. Intellectual Property of the Company

The Service — including its software, design, user interface, database schema, classification framework, field structures, and organizational taxonomy, trademarks (including the IndexTEN, That Music Teacher, and Tarbet Education Network names and logos), and all related intellectual property, other than Your Content — is owned by Company or its licensors and is protected by applicable intellectual property laws.

For clarity: we claim no ownership in the tags, classifications, notes, or other values you create within that framework. Those are Your Content, and Section 5.1 governs them.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your own professional use as an individual educator. No other rights are granted, and all rights not expressly granted are reserved.

9. Feedback

If you provide us with any suggestions, ideas, feature requests, bug reports, or other feedback regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, and exploit that Feedback for any purpose, without restriction, attribution, or compensation to you. Feedback is provided voluntarily and is not confidential. Nothing in this Section grants us rights in Your Content.

10. Third-Party Services

The Service relies on third-party subprocessors to operate. A current list of our subprocessors is maintained at indexten.app/subprocessors and described in our Privacy Policy. We may add, remove, or replace subprocessors as the Service evolves, and will keep that list current.

We are not responsible for the independent acts or omissions of these providers beyond our agreements with them, though we take reasonable steps to select and oversee reputable providers.

11. Suspension and Termination

11.1 Termination for Cause

We may suspend or terminate your account, immediately and without prior notice where circumstances warrant (such as a security risk, suspected fraud, or urgent abuse), if you: violate these Terms (including the single-named-user requirement in Section 2.2, the Student Personal Information prohibition in Section 5.5, or the Acceptable Use provisions in Section 7); are determined to be a repeat infringer under Section 6.5; fail to pay applicable subscription fees; or engage in conduct we reasonably believe is harmful to the Service, other users, or third parties. Where practical, we will provide notice of the reason for suspension or termination.

11.2 Termination for Convenience

We may also terminate or discontinue the Service, or your access to it, for reasons unrelated to any violation on your part (for example, if we discontinue IndexTEN entirely). In that case, we will provide at least thirty (30) days' advance notice, a reasonable opportunity to export Your Content before your access ends, and a pro-rata refund as described in Section 3.5.

11.3 Effect of Termination

Upon termination of your account for any reason, your right to access the Service ends. Data handling proceeds according to Section 4 and our Privacy Policy. The self-service export function will remain available to you throughout the 90-day export window described in Section 4, except where the account was terminated for cause under Section 11.1 and providing export access would be unreasonable under the circumstances.

11.4 Your Right to Terminate

You may stop using the Service and cancel your subscription at any time, as described in Section 4.

12. Disclaimers

12.1 No Professional, Pedagogical, or Curriculum Advice

The Service is an organization tool. It is not a substitute for your professional training, judgment, or expertise as an educator, and nothing in the Service constitutes professional, pedagogical, curriculum, legal, or other advice.

You create your own entries, tags, classifications, and notes. We make no pedagogical judgment about your repertoire and provide no recommendations, sequences, grade-level assignments, or curriculum guidance. We do not represent or warrant that any repertoire, classification, or organizational approach used in the Service is pedagogically appropriate for your students, complies with any curriculum standard, or satisfies any certification, evaluation, licensure, or accreditation requirement.

You are solely responsible for all professional and instructional decisions you make, and you agree that we have no liability arising from any such decision or its outcome. We make no representation that use of the Service will produce any particular professional result, including any improvement in evaluations, student achievement, certification progress, or efficiency.

You also acknowledge that the Service, its content, and any output it produces may contain errors or omissions, and that you should not rely on the Service as your sole basis for any professional decision.

12.2 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT ANY DATA WILL BE PRESERVED WITHOUT LOSS. YOU ACKNOWLEDGE THAT THE SERVICE IS CURRENTLY IN AN EARLY-ACCESS PHASE OF DEVELOPMENT, AS DESCRIBED IN SECTION 1, AND ASSUME THE RISKS ASSOCIATED WITH USE OF A PRODUCT UNDERGOING ACTIVE DEVELOPMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE — WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE), STATUTE, INDEMNITY, OR OTHERWISE, AND INCLUDING COMPANY'S OBLIGATIONS UNDER SECTION 14.2 — WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY DOLLARS ($50).

The foregoing limitations do not apply to liability that cannot be limited or excluded under applicable law. Where liability cannot lawfully be excluded but may lawfully be limited, our liability is limited to the maximum extent permitted.

The foregoing limitations do not limit your obligations to us, including your payment obligations, your indemnification obligations under Section 14.1, or your liability for breach of Sections 5.5, 7, or 8.

You acknowledge that these limitations are an essential basis of the bargain between you and us, that our pricing reflects this allocation of risk, and that we would not provide the Service on these terms without them.

14. Indemnification

14.1 Your Indemnification of Company

You agree to indemnify, defend, and hold harmless Company and its owners, members, officers, employees, and contractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

(a) Your Content, including any content you uploaded or imported, and including any claim that it infringes a third party's rights; (b) any Student Personal Information you submitted in violation of Section 5.5; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any third party.

We will provide you with prompt notice of any claim for which we seek indemnification, and you will not settle any claim in a manner that imposes any obligation or admission on us without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

14.2 Company's Indemnification of You

We will defend you against any third-party claim alleging that the Service itself — excluding Your Content, excluding any content you uploaded or imported, and excluding any third-party subprocessor's independent acts — infringes a valid United States patent, copyright, or trademark, and will pay damages finally awarded against you or agreed in settlement, subject to the limitation of liability in Section 13.

Conditions. This obligation applies only if you (a) promptly notify us in writing of the claim, (b) give us sole control of the defense and settlement, and (c) provide reasonable cooperation at our expense.

Exclusions. This obligation does not apply to any claim arising from: (i) Your Content or any content you uploaded or imported; (ii) modification of the Service by anyone other than us; (iii) combination of the Service with any product, data, or process not provided by us; (iv) your use of the Service in violation of these Terms or applicable law; or (v) your continued use of an allegedly infringing version after we have made a non-infringing version available.

Sole Remedy. If the Service becomes, or in our reasonable opinion is likely to become, the subject of an infringement claim, we may at our option and expense: (a) procure the right for you to continue using the Service; (b) modify or replace the Service so it becomes non-infringing; or (c) terminate your access and refund the unused, prepaid portion of your subscription term. This Section 14.2 states our entire liability and your sole and exclusive remedy for any claim of intellectual property infringement by the Service.

15. Dispute Resolution and Governing Law

15.1 Notice of Dispute

Before initiating mediation, litigation, or any other dispute resolution procedure, the party raising the dispute must send the other party a written Notice of Dispute. A Notice of Dispute must include: (a) the name and contact information of the party raising the dispute; (b) a description of the nature and basis of the dispute; and (c) the specific relief sought.

A Notice of Dispute to Company must be sent to: That Music Teacher, LLC, 5232 Norwich Street, Suite E, Hilliard, Ohio 43026, with a copy to hello@thatmusicteacher.com. A Notice of Dispute to you will be sent to the email address associated with your account. The date of delivery of a Notice of Dispute is the "date of service of the initial notice" referenced in Section 15.2.

15.2 Mediation First

Company and User agree to try to settle all disputes between them through private mediation before initiating any arbitration, litigation, or other dispute resolution procedure. The mediation session will occur at a time mutually agreed upon by the parties in consultation with a mutually selected mediator, though no later than thirty (30) days after the date of service of the initial notice, unless otherwise agreed by the parties and mediator. Each party shall bear its own fees and costs for the mediation. The parties agree to mediate in Columbus, Ohio.

Remote participation. At the election of either party, the mediation will be conducted by videoconference or telephone rather than in person, at no additional cost to the electing party.

15.3 Exceptions to Mediation Requirement

Notwithstanding Section 15.2, either party may:

(a) bring an individual action in small claims court; and (b) seek temporary, preliminary, or permanent injunctive or other equitable relief in a court of competent jurisdiction, without first mediating, to prevent or stop actual or threatened infringement, misappropriation, unauthorized access to, or unauthorized disclosure or use of that party's intellectual property or confidential information.

15.4 Litigation if Mediation Fails

If a dispute is not resolved through mediation, either party may pursue the dispute in a court of competent jurisdiction located in Franklin County, Ohio, and each party consents to the personal jurisdiction and venue of such courts.

15.5 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND COMPANY EACH AGREE THAT ANY DISPUTE WILL BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The parties do not consent to class treatment, consolidation, or joinder of claims. If this Section 15.5 is found unenforceable as to a particular claim, that claim shall be severed and this Section shall remain in effect as to all other claims.

15.6 Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

15.7 Time Limitation on Claims

ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED, except where a longer period is required by applicable law.

15.8 Governing Law

These Terms are governed by the laws of the State of Ohio, without regard to its conflict-of-laws principles.

16. Changes to These Terms

We may update these Terms from time to time, particularly as the Service evolves during its early-access period described in Section 1.

16.1 What Counts as a Material Change

For purposes of this Section, a "material change" means a change that, taken as a whole, materially and adversely affects your rights or obligations under these Terms. Material changes are limited to changes to:

(a) fees, other than a price change made in accordance with Section 3.4; (b) Section 5 (Your Content), where the change reduces your ownership rights or expands the license you grant us; (c) Section 13 (Limitation of Liability); (d) Section 14 (Indemnification); or (e) Section 15 (Dispute Resolution and Governing Law).

All other changes are non-material. For clarity, and without limitation, the following are not material changes: adding, modifying, or removing features or functionality; changes to the classification framework, taxonomy, or user interface; adding, removing, or replacing subprocessors; editorial, formatting, structural, or clarifying revisions; renumbering; and updates to contact information.

16.2 How Changes Take Effect

Non-material changes take effect upon posting, indicated by an updated Effective Date.

Material changes take effect no earlier than thirty (30) days after we provide notice by email to the address on your account or by in-app notice. If you do not agree to a material change, you may cancel your subscription before it takes effect and receive a pro-rata refund of the unused, prepaid portion of your then-current term. That refund is your sole and exclusive remedy for a material change you do not accept. Continued use of the Service after a material change takes effect constitutes acceptance of it.

Immediate changes. Notwithstanding the above, we may make a change effective immediately, without advance notice, where the change is required to comply with applicable law, regulation, or an order of a court or government authority, or is reasonably necessary to address a security vulnerability, prevent fraud or abuse, or protect the Service or its users from harm. Where we do so, we will provide notice as soon as reasonably practicable.

16.3 Pricing Lock Protected

We will not amend these Terms in a manner that modifies or eliminates the founding cohort pricing lock described in Section 3.3.

17. General Provisions

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements, representations, or understandings on this subject. No other document, webpage, help article, or marketing material forms part of this agreement unless expressly incorporated by reference in these Terms. Other pages we publish — including any disclaimer, accessibility statement, subprocessor list, or support documentation — are provided for information and do not modify these Terms.

Institutional Licenses. If your access to the Service is provided under a separate written agreement between Company and a school, district, university, or other institution, the terms of that agreement control to the extent they conflict with these Terms.

Survival. Sections 3.5, 4, 5.1, 5.2, 5.3, 5.5, 5.7, 8, 9, 11.3, 12, 13, 14, 15, and 17 survive any termination or expiration of these Terms.

Severability. If any provision of these Terms is found unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will remain in full force and effect.

No Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

No Third-Party Beneficiaries. These Terms create no rights in any person or entity other than you and Company.

Electronic Communications. You consent to receive communications from us electronically, including by email and in-app notice, and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that they be in writing.

Export Control and Sanctions. You represent that you are not located in, and are not a national or resident of, any country subject to United States embargo or sanctions, and that you are not listed on any United States government list of prohibited or restricted parties.

Prevailing Party. In any action to enforce these Terms, the prevailing party is entitled to recover its reasonable attorneys' fees and costs, to the extent permitted by applicable law.

Force Majeure. We will not be liable for delays or failures in performance resulting from causes beyond our reasonable control.

Notices. We may provide notices to you via the email address on your account or via in-app notice. You may send notices to us at hello@thatmusicteacher.com or at the address in Section 18.

Headings. Section headings are for convenience only and do not affect interpretation.

18. Contact Us

That Music Teacher, LLC, d/b/a Tarbet Education Network 5232 Norwich Street, Suite E Hilliard, Ohio 43026 United States Email: hello@thatmusicteacher.com Phone: +1 (614) 504-3994