Terms of Service

1. Agreement to Terms

By accessing or using Performance Coach ("Service," "Platform," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you don't agree to these Terms, you may not access or use the Service.

These Terms apply to all visitors, users, and others who access or use the Service.

2. Description of Service

Performance Coach is an AI-powered music performance analysis platform that provides:

• Upload and storage of musical performance recordings (audio/video)
• AI-driven analysis using advanced audio processing and machine learning
• Personalized coaching feedback with multiple coaching personas
• Performance comparison with reference tracks
• Progress tracking and performance metrics

The Service is currently in Beta, which means features may change, and occasional disruptions may occur.

3. Eligibility

You must be at least 13 years old to use this Service. If you're between 13 and 18, you confirm that you have your parent or guardian's permission to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

4. Account Registration

To use certain features, you must create an account:

• Provide accurate, complete, and current information
• Maintain the security of your password and account
• Notify us immediately of any unauthorized use
• You are responsible for all activities under your account
• We reserve the right to refuse service or terminate accounts

5. Subscription and Payment

5.1 Subscription Plans

We offer multiple subscription tiers with varying levels of access to our coaching sessions. Specific features, session limits, and pricing for each tier are available on our pricing page and may be updated from time to time.

5.2 Billing

• Subscriptions are billed monthly or annually in advance
• Payments processed securely through third-party payment processors
• Prices may change with 30 days' notice
• Session limits reset on the 1st of each month
• Unused sessions don't roll over to the next month

5.3 Refund Policy

We offer a 7-day money-back guarantee. If you're not satisfied with a paid subscription, contact us within 7 days of purchase for a full refund. After 7 days, subscriptions are non-refundable, but you can cancel anytime to prevent future charges.

5.4 Cancellation

• You can cancel your subscription anytime through your account settings
• Cancellation takes effect at the end of the current billing period
• You'll retain access to paid features until the end of the billing period
• After cancellation, your account reverts to the free Practice tier

6. Your Content and Recordings

6.1 Ownership

You retain all ownership rights to your recordings and musical content ("Your Content"). We don't claim any ownership over Your Content.

6.2 License to Us

By uploading Your Content, you grant us a limited license to:

• Store and process Your Content to provide the Service
• Analyze Your Content using AI and audio processing tools
• Generate coaching feedback based on Your Content
• Use anonymized, aggregated data to improve our AI models

This license ends when you delete Your Content or close your account.

6.3 Your Responsibilities

You represent and warrant that:

• You own or have rights to upload Your Content
• Your Content doesn't infringe on others' rights
• You have necessary rights to use any copyrighted music in Your Content
• Your Content complies with all applicable laws

6.4 Copyright Compliance

If you upload recordings of copyrighted songs, you're responsible for ensuring you have the right to do so. We respect copyright law and will respond to valid DMCA takedown notices. Repeat copyright infringers will have their accounts terminated.

7. Acceptable Use

You agree NOT to:

• Use the Service for any illegal purpose
• Upload content that infringes copyrights or other rights
• Upload harmful, offensive, or inappropriate content
• Attempt to gain unauthorized access to the Service
• Interfere with or disrupt the Service or servers
• Use automated systems to access the Service (except with permission)
• Reverse engineer, decompile, or disassemble any part of the Service
• Resell or redistribute the Service or AI outputs
• Share your account credentials with others
• Create multiple accounts to circumvent usage limits

8. AI-Generated Content

8.1 Nature of AI Feedback

Our AI-powered coaching feedback is generated using advanced machine learning and audio analysis. While we strive for accuracy and usefulness, AI feedback:

• May not always be 100% accurate
• Should not replace professional music instruction
• Is based on algorithmic analysis, not human expertise
• May vary in quality and relevance

8.2 Use of Feedback

You may use the AI-generated coaching feedback for your personal music development. You may not:

• Resell or redistribute the feedback commercially
• Use feedback to train competing AI models
• Claim the feedback as your own original work

9. Beta Service Disclaimer

Performance Coach is currently in Beta. This means:

• Features may change, be added, or removed without notice
• The Service may experience downtime or technical issues
• Pricing and plans may be adjusted
• We're actively gathering feedback to improve the Service
• Early adopters may receive special pricing that may change in the future

10. Disclaimers and Limitation of Liability

10.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERFORMANCE COACH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR USE OF THE SERVICE.

Our total liability to you for any claims arising from these Terms or your use of the Service shall not exceed the amount you paid us in the 12 months prior to the claim.

10.3 No Professional Advice

The Service provides AI-generated feedback for educational and informational purposes only. It's not a substitute for professional music instruction, education, or advice. Always consult with qualified music teachers for professional guidance.

11. Indemnification

You agree to indemnify, defend, and hold harmless Performance Coach and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your use of the Service
• Your Content or any content you upload
• Your violation of these Terms
• Your violation of any third-party rights

12. Termination

We may terminate or suspend your account and access to the Service immediately, without notice, for:

• Violation of these Terms
• Illegal activity or harmful conduct
• Non-payment of fees
• Extended periods of inactivity
• Our business decision to discontinue the Service

Upon termination, your right to use the Service ceases immediately. We'll make reasonable efforts to provide access to your data for a limited time after termination.

13. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we'll notify you via email or through the Service. Continued use of the Service after changes constitutes acceptance of the new Terms.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to conflict of law provisions. Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules, except where prohibited by law.

You and Performance Coach agree to resolve disputes on an individual basis and waive any right to bring class action claims.

15. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and Performance Coach
• Severability: If any provision is found unenforceable, the rest remain in effect
• No Waiver: Our failure to enforce any right doesn't waive that right
• Assignment: You may not assign these Terms; we may assign them without notice
• Third-Party Services: We're not responsible for third-party services integrated with our platform

16. Contact Information

For questions about these Terms, please contact us: