Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and DanceClarity, LLC ("Company," "we," "us," or "our"), concerning your access to and use of the DanceClarity.com website and platform (the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you are expressly prohibited from using the Service and must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right to make changes or modifications to these Terms at any time and for any reason.

2. Description of Service

DanceClarity provides a comprehensive management platform for dance studios, including but not limited to customer relationship management, class booking and scheduling, payment processing, communication tools, staff management, and business analytics. The Service is designed to help dance studio owners and administrators efficiently manage their operations. The Service is hosted in the United States.

3. User Representations

By using the Service, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete
• You will maintain the accuracy of such information and promptly update it as necessary
• You have the legal capacity and agree to comply with these Terms
• You are at least 18 years of age
• You have the legal authority to enter into these Terms on behalf of your business or organization
• You will not access the Service through automated or non-human means, whether through a bot, script, or otherwise
• You will not use the Service for any illegal or unauthorized purpose
• Your use of the Service will not violate any applicable law or regulation

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service.

4. User Registration and Account Security

4.1 Account Creation

You may be required to register with the Service. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

4.2 Account Security

You must notify us immediately of any unauthorized use of your account or any security breach. We are not liable for any loss or damage arising from your failure to comply with this security obligation. You are responsible for all activities that occur under your account.

5. Prohibited Activities

You may not access or use the Service for any purpose other than that for which we make the Service available. The Service may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Service, you agree not to:

• Systematically retrieve data or content from the Service to create a collection, compilation, database, or directory without written permission
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information
• Circumvent, disable, or otherwise interfere with security-related features of the Service
• Disparage, tarnish, or otherwise harm us and/or the Service
• Use any information obtained from the Service to harass, abuse, or harm another person
• Make improper use of our support services or submit false reports of abuse or misconduct
• Use the Service in a manner inconsistent with any applicable laws or regulations
• Engage in unauthorized framing of or linking to the Service
• Upload or transmit viruses, Trojan horses, or other malicious material
• Engage in any automated use of the system, such as using scripts to send messages or data mining
• Delete the copyright or other proprietary rights notice from any content
• Attempt to impersonate another user or person or use the username of another user
• Upload or transmit any material that acts as a passive or active information collection mechanism
• Interfere with, disrupt, or create an undue burden on the Service or connected networks
• Harass, annoy, intimidate, or threaten any of our employees or agents
• Attempt to bypass any measures designed to prevent or restrict access to the Service
• Copy or adapt the Service's software, including but not limited to HTML, JavaScript, or other code
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising the Service
• Use the Service as part of any effort to compete with us or for any revenue-generating endeavor not explicitly permitted
• Sell or otherwise transfer your profile or account

6. Payment Terms

6.1 Subscription Fees

Use of the Service requires payment of subscription fees as outlined in your selected plan. Fees are billed in advance on a recurring basis (monthly or annually, depending on your plan) and are non-refundable except as expressly stated in these Terms or required by applicable law.

6.2 Payment Processing

Payments are processed through Stripe, Inc. ("Stripe"), a third-party payment processor. By using our payment features, you agree to be bound by Stripe's terms and policies:

• Stripe Services Agreement
• Stripe Connected Account Agreement
• Stripe Privacy Policy

You agree to provide accurate payment information and authorize us to charge your payment method for all applicable fees or, at our discretion, to apply such fees to the amounts that customers pay you through Stripe. Stripe may require additional information to verify your identity or business in accordance with their compliance requirements.

6.3 Free Trials

We may offer free trial periods at our discretion. At the end of a free trial, your subscription will automatically convert to a paid subscription unless you cancel before the trial period ends. You may be required to provide payment information to start a free trial.

6.4 Late Payments

If payment is not received when due, we may suspend or terminate your access to the Service. You remain responsible for all charges incurred prior to suspension or termination, plus any applicable fees for reinstating your account.

6.5 Price Changes

We may change our pricing with 30 days' prior notice sent to the email address associated with your account. Price changes will apply to subsequent billing periods. Your continued use of the Service after a price change takes effect constitutes your agreement to pay the modified amount.

7. Data and Privacy

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for ensuring you have appropriate rights and consents to upload and process customer data through the Service.

7.1 Data Ownership

You retain ownership of all data you upload to the Service ("Your Data"). We do not claim ownership of Your Data.

7.2 Data Processing

By using the Service, you grant us a limited license to use, store, copy, and process Your Data solely as necessary to provide and improve the Service, as described in our Privacy Policy.

7.3 Data Responsibility

Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption.

7.4 Data Export

Upon termination of your account, you may request an export of Your Data for a period of 30 days. After this period, we may delete Your Data in accordance with our data retention policies. We will provide data exports in a commonly used, machine-readable format.

8. Intellectual Property

8.1 Our Rights

Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws.

The Content and Marks are provided "AS IS" for your use only. Except as expressly provided in these Terms, no part of the Service and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

8.2 License to Use

Provided that you are eligible to use the Service, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription period. We reserve all rights not expressly granted to you.

8.3 Your Content

You retain all rights to Your Data. By uploading content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, copy, and process such content solely for the purpose of providing the Service to you.

9. Third-Party Services

The Service may contain links to or integrate with third-party websites, services, or content ("Third-Party Services"), including but not limited to:

• Stripe for payment processing - Terms | Privacy
• Email delivery services
• Calendar integrations
• Analytics providers

Third-Party Services are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Services accessed through the Service, including their content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies.

Your interactions with Third-Party Services are governed solely by your agreements with those third parties. We recommend that you review the terms and privacy policies of any Third-Party Services you interact with.

Important: If you use our platform to accept payments from your customers or receive payouts, you are entering into a direct agreement with Stripe as a "Connected Account" under the Stripe Connected Account Agreement. This means Stripe will process payments on your behalf, and you are responsible for complying with Stripe's terms, including their requirements for identity verification, prohibited businesses, and payment disputes.

10. Service Availability and Modifications

We reserve the right to change, modify, or remove the contents of the Service at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Service without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

We cannot guarantee the Service will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. We will use reasonable efforts to provide advance notice of scheduled maintenance when possible.

11. Corrections

There may be information on the Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice.

12. Termination

12.1 Termination by You

You may terminate your account at any time by following the cancellation process in your account settings or by contacting us. Termination will be effective at the end of your current billing period. You will not receive a refund for any unused portion of your subscription.

12.2 Termination by Us

We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Service to any person for any reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use of the Service or delete your account and any content or information at any time, without warning, in our sole discretion.

12.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.

You may request an export of Your Data within 30 days of termination. After this period, we may delete Your Data. You remain responsible for all charges incurred prior to termination.

13. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

• Errors, mistakes, or inaccuracies of content and materials
• Personal injury or property damage resulting from your access to and use of the Service
• Any unauthorized access to or use of our secure servers and/or any personal or financial information stored therein
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, Trojan horses, or the like transmitted through the Service by any third party
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Service

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE.

14. Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

• Your use of the Service
• Breach of these Terms
• Any breach of your representations and warranties set forth in these Terms
• Your violation of the rights of a third party, including but not limited to intellectual property rights
• Any overt harmful act toward any other user of the Service
• Your Data or any content you upload to the Service

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

16. Governing Law

These Terms and your use of the Service are governed by and construed in accordance with the laws of the State of West Virginia applicable to agreements made and to be entirely performed within the State of West Virginia, without regard to its conflict of law principles.

17. Dispute Resolution

17.1 Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms ("Dispute"), you and we agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other party.

17.2 Binding Arbitration

If the parties are unable to resolve a Dispute through informal negotiations, the Dispute shall be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at www.adr.org.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing and shall follow applicable law. The arbitration will take place in Monongalia County, West Virginia.

17.3 Restrictions

The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

17.4 Exceptions

The parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect intellectual property rights; (b) any Dispute related to allegations of theft, piracy, invasion of privacy, or unauthorized use; (c) any claim for injunctive relief; and (d) claims that may be brought in small claims court.

17.5 Time Limitation

In no event shall any Dispute brought by either party related in any way to the Service be commenced more than one (1) year after the cause of action arose.

18. Electronic Communications

Visiting the Service, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Service, satisfy any legal requirement that such communication be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICE.

19. Changes to Terms

We reserve the right to modify these Terms at any time. We will alert you about any changes by updating the "Last Updated" date of these Terms. For material changes, we will provide notice via email or through the Service at least 30 days before the changes become effective.

It is your responsibility to periodically review these Terms to stay informed of updates. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and may terminate your account.

20. Miscellaneous

20.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies posted on the Service, constitute the entire agreement and understanding between you and us regarding the Service.

20.2 Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

20.3 Severability

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

20.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms, including all rights and obligations, without restriction.

20.5 No Agency

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Service.

20.6 Force Majeure

We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, government actions, labor disputes, Internet service provider failures, or cyberattacks.

20.7 Interpretation

You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties.

21. Contact Us

In order to resolve a complaint regarding the Service or to receive further information regarding use of the Service, please contact us at: