Terms of Service

You must be at least 16 years old and able to form a binding contract to use the Service. If you use the Service on behalf of an organisation, you represent that you are authorised to bind that organisation to these Terms. You are responsible for the information you provide, for keeping your login credentials secure, and for all activity under your account. Notify us promptly of any unauthorised use.

Compositorum provides software to help arts organisations manage scheduling, rostering, members, files, communications and related operations. We may add, change or remove features over time. The Service is offered on an as-available basis and is under active development; some features may be in beta, and we may modify or discontinue features with reasonable notice where practicable.

An organisation’s owners and administrators control that organisation’s workspace, including who may join, what roles they hold, and what data is stored. If you join an organisation, your use is also subject to that organisation’s own rules and decisions. Administrators are responsible for having a lawful basis to add members and to upload information about them, and for any consents required (including for minors). We are not responsible for the acts or omissions of an organisation toward its members.

You agree not to:

• break any applicable law or infringe anyone’s rights;
• upload content you don’t have the right to use, or that is unlawful, harmful, harassing or misleading;
• attempt to access another organisation’s data or any account that is not yours;
• probe, scan, overload or disrupt the Service, or bypass its security or access controls;
• introduce malware, or scrape or reuse the Service except as the features expressly allow.

You and your organisation retain ownership of the content you upload or create in the Service — including scores, recordings, schedules, announcements and member data (“Customer Content”). You grant us a limited, worldwide, royalty-free licence to host, store, process, transmit and display Customer Content solely to operate, secure and improve the Service and to provide it to you and your organisation. You are responsible for ensuring you have the rights and any necessary permissions for Customer Content.

We own all rights in the Service itself — the software, design, brand and underlying technology. These Terms grant you no rights in our intellectual property except the limited right to use the Service.

Our handling of personal information is described in our Privacy Policy. In short: member data belongs to your organisation, we don’t sell it, and for member data we act as a processor on the organisation’s behalf. Where required, this is supplemented by a data processing arrangement.

The Service can connect to third-party services you choose, such as Google, Microsoft, Google Calendar or OneDrive. Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services, and connecting them is at your discretion; you can disconnect them at any time.

Some features are offered under paid subscription plans. When billing is enabled, fees, billing cycle and any trial are shown at sign-up or in your account settings. Unless stated otherwise, fees are payable in advance, are exclusive of taxes (which you are responsible for), and are non-refundable except where required by law. We may change pricing on a prospective basis with reasonable notice. You can cancel at any time; cancellation takes effect at the end of the current billing period.

You may stop using the Service and close your account at any time, and you can export your data beforehand. We may suspend or terminate access if you materially breach these Terms, if required by law, or to protect the Service or its users, giving reasonable notice unless urgency or legal reasons require otherwise. On termination, your right to use the Service ends; we will make your data available for export for a reasonable period and then delete or de-identify it as described in the Privacy Policy.

To the maximum extent permitted by law, and subject to section 11, the Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including fitness for a particular purpose, uninterrupted availability, or that the Service will be error-free. You are responsible for keeping your own backups of critical material.

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other law that cannot be lawfully excluded. Where our liability for failing to comply with a non-excludable consumer guarantee can be limited, it is limited (at our option) to re-supplying the relevant services or paying the cost of having them re-supplied.

Subject to section 11, to the maximum extent permitted by law: neither party is liable for indirect, incidental, special or consequential loss, or loss of profits, revenue, goodwill or data; and our total aggregate liability arising out of or relating to the Service is limited to the fees you paid to us for the Service in the 12 months before the event giving rise to the liability (or, if you have paid nothing, AUD $100).

You agree to indemnify us against reasonable claims, losses and costs arising from your Customer Content, your breach of these Terms, or your unlawful use of the Service, except to the extent caused by us.

We may update these Terms from time to time. If a change is material, we will give notice in the Service and/or by email and update the version and effective date above. Changes take effect when posted (or on the date stated), and continued use after that means you accept the updated Terms.

These Terms are governed by the laws of New South Wales, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that place. Before starting formal proceedings, the parties will try in good faith to resolve any dispute by negotiation.

If any provision is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them as part of a reorganisation or sale of the business. These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Service.