Welcome to ClassComposer. ClassComposer LLC ("ClassComposer," "Company," "we," "our," or "us") is the owner of the website located at https://classcomposer.app and any other associated sites, applications, or services owned or operated by or for the Company (each a "Site"). ClassComposer provides proprietary online tools and applications that enable fitness instructors across various disciplines to create class plans, build playlists for their classes, and manage their teaching workflow. ClassComposer products and services include the ClassComposer application and platform, whether accessed via web browser or as a mobile application, and such other products or services as may be offered by ClassComposer now or in the future (each, a "Service").
1. Legal Agreement
Thank you for registering to be a user of ClassComposer. These Terms of Use apply to You, a user of the Service, and create a binding, legal agreement ("Agreement") between You, as an individual, and ClassComposer, LLC.
Please read all the terms and conditions of this Agreement carefully. By registering for and/or using the Service, You agree that You are bound by the terms and conditions of this Agreement, and You represent and warrant that You have full power, authority, and legal capacity to enter into this Agreement. Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be posted on the Service in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. Please contact us at support@classcomposer.app if You have any questions about this Agreement.
ClassComposer reserves the right, in its sole discretion, to modify or change this Agreement at any time by notifying You or by posting the changes to the Service or Site. By continuing to use the Site or Service following notification or posting of such changes, You agree to the changes. ClassComposer will use reasonable commercial efforts to provide notice of material changes to You.
2. Definitions
"You" or "User" means the individual subscribing to and using the Service.
"Class Plan" means any class plan, workout structure, routine, or similar content created by You using the Service.
"Playlist" means any collection of songs or audio tracks assembled by You through the Service for use in connection with a Class Plan.
"Data" means the information, data, Class Plans, Playlists, and other content provided by You in connection with and through use of the Service.
"Documentation" means ClassComposer's online user guides, help resources, and other information relating to use of the Service as provided and updated by ClassComposer from time to time.
"Software" means ClassComposer's proprietary software, and all updates and associated documentation thereto made available as a part of a Service pursuant to this Agreement.
"Subscription Period" means the period for which You subscribe for use of the Service. Unless otherwise set forth in Your registration, all subscriptions are monthly and will automatically renew.
"Third-Party Music Service" means any third-party music streaming or playback service integrated with or accessible through the Service, including but not limited to Spotify and Apple Music.
"AI Features" means any features of the Service that utilize artificial intelligence, machine learning, or large language model ("LLM") technologies, whether provided by ClassComposer or by third-party AI service providers (each, an "AI Provider"), including but not limited to playlist suggestions, class plan feedback, content recommendations, and other automated or semi-automated tools.
"AI-Generated Content" means any suggestions, recommendations, feedback, text, or other output generated by AI Features in response to Your Data or use of the Service.
3. Service
3.1 Subject to the terms of this Agreement, including Your payment of all applicable fees, if any, ClassComposer will provide the Service on a subscription basis to You during the Subscription Period. Your rights to use the Service are non-exclusive and non-transferable. You may use the Service only for Your own purposes as a fitness instructor or for personal fitness planning.
3.2 As part of the Service, ClassComposer will provide reasonable technical support to You via email during ClassComposer's regular business hours. ClassComposer will use commercially reasonable efforts to make the Service available on a 24/7/365 basis, subject to downtime for scheduled and emergency maintenance purposes.
3.3 ClassComposer may from time to time modify the Site and the Service and add, change, or delete features of the Service in its sole discretion, without notice to You. Your continued use of the Service after any such changes means You accept these changes.
3.4 You agree that all user information provided to ClassComposer by You will be accurate and complete in all respects. You also agree to promptly notify ClassComposer of any changes to any user information. You understand and agree that You are solely responsible for: (a) all use of the Service made using Your user credentials, and (b) maintaining the confidentiality of Your user credentials. You agree to notify ClassComposer immediately of any unauthorized use of Your account or any other breach of security.
3.5 You are not allowed to and warrant and agree not to:
- Violate any local, state, national, or international law or regulation in connection with use of the Service, or otherwise use the Service in any way that is in furtherance of criminal, fraudulent, or other unlawful activity
- Interfere with or disrupt the Service or servers or networks connected to the Service
- Interfere with or attempt to interfere with any other person's use of the Service
- Gain access to or attempt to gain access to any account, computers, or networks related to the Service without authorization
- Use the Service to send or otherwise make available any viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another's computer or property
- Impersonate any other person or entity, or misrepresent Your affiliation with any other person or entity
- Use the Service to infringe or misappropriate any third party's intellectual property rights, including but not limited to copyrights in musical works, sound recordings, or other content
- Use any page-scraper, spider, robot, or other automatic device to access, acquire, copy, or monitor any data provided on or through the Service
3.6 ClassComposer has no obligation to monitor Your use of the Service. However, ClassComposer reserves the right to access, acquire, use, monitor, remove, retain, or disclose any information, including Data, as necessary to satisfy any applicable law, rule, or regulation, or to respond to legal process or law enforcement and government requests.
4. Third-Party Music Service Integrations
4.1 The Service integrates with Third-Party Music Services, including Spotify and Apple Music, to allow You to browse, search for, and organize music in connection with Your Class Plans. Your use of any Third-Party Music Service through ClassComposer is subject to that Third-Party Music Service's own terms of use, license agreements, and policies. You are solely responsible for reviewing, understanding, and complying with all terms and conditions of any Third-Party Music Service You use.
4.2 ClassComposer does not host, store, or stream music content. All music playback is provided by the applicable Third-Party Music Service. ClassComposer is not responsible for the availability, quality, or legality of any music content provided by a Third-Party Music Service.
4.3 ClassComposer makes no representation or warranty that any Third-Party Music Service subscription or license permits the use of music in commercial settings, including but not limited to fitness classes, group exercise sessions, or any other public or semi-public performance. Many Third-Party Music Services, including Spotify and Apple Music, expressly restrict or prohibit the use of their services for public performance or commercial purposes in their terms of use.
4.4 IMPORTANT: YOUR RESPONSIBILITY FOR MUSIC LICENSING AND PUBLIC PERFORMANCE.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR ENSURING THAT ANY AND ALL MUSIC YOU USE WHEN TEACHING OR CONDUCTING A CLASS, WHETHER ACCESSED THROUGH A THIRD-PARTY MUSIC SERVICE OR OTHERWISE, COMPLIES WITH ALL APPLICABLE LAWS, REGULATIONS, LICENSING REQUIREMENTS, AND THIRD-PARTY TERMS OF USE. THIS INCLUDES, WITHOUT LIMITATION:
- Obtaining any necessary public performance licenses (e.g., from ASCAP, BMI, SESAC, or equivalent performing rights organizations in Your jurisdiction)
- Complying with all terms of use and license restrictions of any Third-Party Music Service, including restrictions on commercial or public use
- Obtaining any synchronization licenses or other rights required for use of music in connection with fitness classes or other activities
- Complying with any venue-specific music licensing requirements
ClassComposer does not grant, imply, or otherwise provide any license or right to publicly perform, broadcast, or otherwise use any musical work or sound recording. The inclusion of music organization and playlist-building features in the Service is provided solely as a planning and organizational tool and does not constitute authorization or a license to use any music in any particular manner.
YOU AGREE TO INDEMNIFY AND HOLD CLASSCOMPOSER HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES) ARISING OUT OF OR RELATING TO YOUR USE OF MUSIC IN CONNECTION WITH THE SERVICE, INCLUDING ANY CLAIMS OF COPYRIGHT INFRINGEMENT, UNAUTHORIZED PUBLIC PERFORMANCE, OR VIOLATION OF ANY THIRD-PARTY MUSIC SERVICE'S TERMS OF USE.
4.5 ClassComposer may modify, suspend, or discontinue integration with any Third-Party Music Service at any time, with or without notice. ClassComposer shall not be liable to You or any third party for any such modification, suspension, or discontinuation.
5. Artificial Intelligence Features
5.1 Integration with AI Providers. The Service incorporates artificial intelligence and large language model ("LLM") technologies provided by commercially available third-party AI Providers, which may include companies such as Anthropic, OpenAI, and other providers. ClassComposer reserves the right to integrate with any AI Provider and to use whichever AI models ClassComposer determines, in its sole discretion, are best suited for each use case within the Service. ClassComposer may add, change, or remove AI Providers at any time without notice to You. By using the Service, You acknowledge and consent to ClassComposer's use of third-party AI Providers as described in this Section 5.
5.2 Use of Your Data by AI Features. In order to provide AI Features, ClassComposer may transmit certain of Your Data to third-party AI Providers for processing. By using the Service, You consent to this transmission. ClassComposer will use commercially reasonable efforts to minimize the inclusion of personally identifiable information in data transmitted to AI Providers and will transmit only the Data reasonably necessary to provide the applicable AI Feature.
5.3 Evolving AI Use Cases. AI Features currently include, but are not limited to, playlist suggestions and class plan feedback. ClassComposer reserves the right to introduce new features and use cases that leverage AI and LLM technologies as the Service evolves. Your continued use of the Service following the introduction of new AI Features constitutes Your acceptance of such features. ClassComposer will use reasonable efforts to inform You of material new AI Features through the Service or Site.
5.4 Data Protection by AI Providers. ClassComposer will take reasonable steps to ensure that any AI Provider with which it partners maintains reasonable protections for any personally identifiable information or user content disclosed to that provider. Notwithstanding the foregoing, once data is transmitted to an AI Provider, that provider's own terms of service and privacy policy govern their handling of such data, and ClassComposer cannot guarantee the actions or omissions of any AI Provider.
5.5 No Guarantee of Accuracy. AI-Generated Content is provided on an "as-is" basis. ClassComposer does not warrant or guarantee the accuracy, completeness, reliability, suitability, or appropriateness of any AI-Generated Content. AI Features may produce output that is inaccurate, incomplete, or unsuitable for Your specific needs. You are solely responsible for reviewing, evaluating, and deciding whether to use any AI-Generated Content in connection with Your fitness classes or other activities.
5.6 No Professional Advice. AI-Generated Content does not constitute professional advice of any kind, including but not limited to legal advice regarding music licensing, medical or fitness advice, or business advice. You should not rely on AI-Generated Content as a substitute for professional judgment or consultation with qualified professionals.
5.7 Intellectual Property in AI-Generated Content. You acknowledge that the intellectual property rights in and to AI-Generated Content may be subject to uncertainty under applicable law. ClassComposer makes no representations or warranties regarding Your ownership of, or right to use, AI-Generated Content. You assume all risk associated with Your use of AI-Generated Content, including any risk related to intellectual property claims by third parties.
5.8 Limitations. ClassComposer may modify, suspend, or discontinue any AI Feature at any time, with or without notice, including due to changes in AI Provider availability, pricing, terms, or capabilities. ClassComposer shall not be liable to You for any modification, suspension, or discontinuation of AI Features.
6. Intellectual Property; Data
6.1 You agree that ClassComposer and its licensors own all intellectual property rights in and to the Service, the Software, and the Site, and all enhancements, modifications, and improvements, including but not limited to the look and feel, structure, organization, design, algorithms, templates, data models, logic flow, text, graphics, logos, and screen displays associated therewith. You will not reverse engineer, decompile, or disassemble the Software, or otherwise attempt to reconstruct or discover the source code for the Software. You agree not to resell, lease, assign, distribute, time share, or otherwise commercially exploit or make the Service available to any third party. ClassComposer reserves all rights in the Service not expressly granted to You hereunder.
6.2 You shall retain ownership of the Data You provide in connection with the Service, including Your Class Plans. You hereby grant to ClassComposer the right to copy, modify, analyze, archive, display, and use Your Data solely for the purposes of and as necessary for the provision of the Service, including processing by AI Features as described in Section 5. ClassComposer may also derive and compile from Your usage of the Service certain aggregated and/or analytical information, so long as the aggregated or analytical information does not include any identifying information about You or any individual. The aggregated data and metadata may be used for ClassComposer's own purposes without restriction, including but not limited to improving ClassComposer's products and services.
6.3 ClassComposer may use or incorporate into the Service any suggestions, ideas, enhancement requests, feedback, or other information provided by You relating to the Service, without any obligation, consideration, or attribution to You.
6.4 ClassComposer's trademarks include CLASSCOMPOSER and such other trademarks and logos as used by ClassComposer now and in the future in connection with its products and services. You shall not use any ClassComposer trademarks without the prior written consent of ClassComposer. Any other company or product names used on the Site or in connection with the Service are the property of the respective trademark owner.
7. Fees and Expenses
7.1 ClassComposer may offer the Service to Users without charge, but You understand that ClassComposer may at any time establish user or other fees for the Service. If ClassComposer establishes usage fees, You understand that You will be obligated to pay the fees for continued use of the Service or Your use of the Service shall terminate. You agree to pay ClassComposer the applicable fees associated with the Service as set forth on the Site and/or during registration. All payments are non-refundable and, unless otherwise agreed, shall be made in United States dollars. Past-due payments will be subject to late payment charges of the lesser of: (a) one and one-half percent (1.5%) per month, or (b) the maximum rate allowed by law. The fees and rates under this Agreement are subject to change by ClassComposer on at least thirty (30) days' written notice, and ClassComposer may give notice by posting the updated fees and rates on the Site or applicable Service. You shall be responsible for all applicable taxes incurred in connection with this Agreement, excluding taxes based upon the net income of ClassComposer.
7.2 You understand and agree that You will be solely responsible for all equipment costs and any internet and wireless access required to use the Service and for the cost of all carrier and data charges imposed by Your service provider.
8. Confidentiality and Security
8.1 "Confidential Information" means any information or data that is disclosed by one party to the other party in connection with this Agreement that is marked as confidential. In addition, Your Confidential Information includes the Data, and Confidential Information of ClassComposer (whether or not marked) includes the Service and Software, as well as the structure, organization, design, algorithms, templates, data models, logic flow, and screen displays associated with the Service and Software. Confidential Information does not include information that the receiving party can show: (a) is or becomes publicly known or available without breach of this Agreement; (b) is received by a receiving party from a third party without breach of any obligation of confidentiality; or (c) was previously known by the receiving party as shown by its written records.
8.2 A receiving party agrees: (a) to hold the disclosing party's Confidential Information in confidence, and to protect the disclosing party's Confidential Information in the same manner that it protects the confidentiality of its own similar confidential information (but in no event using less than reasonable care); and (b) except as expressly authorized by this Agreement, not to, directly or indirectly, use, disclose, copy, transfer, or allow access to the disclosing party's Confidential Information.
8.3 Each party acknowledges and agrees that any violation of this Section 8 may cause the disclosing party irreparable injury for which the disclosing party would have no adequate remedy at law, and that the disclosing party shall be entitled to preliminary and other injunctive relief against the receiving party for any such violation.
8.4 ClassComposer will take reasonable security measures designed to protect Your Confidential Information, including Your Data. These measures will include the use of reasonable physical, administrative, and technical security techniques and systems designed to prevent unauthorized access and disclosure, maintain data accuracy, and ensure appropriate use of Your Confidential Information.
8.5 You agree to the terms of ClassComposer's Privacy Policy, which is located at https://classcomposer.app/privacy and is incorporated herein by reference (including any changes to ClassComposer's Privacy Policy made in accordance with its terms).
8.6 Upon termination or expiration of this Agreement, the receiving party will return to the disclosing party or destroy all Confidential Information delivered or disclosed to the receiving party, together with all copies in existence thereof; provided that return of Data by ClassComposer to You is covered by Section 9.4 below.
9. Term and Termination
9.1 This Agreement will be effective as of the date You first register for or use the Service and, unless terminated earlier as permitted below, will continue for the initial Subscription Period. After the initial Subscription Period, this Agreement shall automatically renew for successive renewal periods (each renewal term being the same length as the initial Subscription Period) based on ClassComposer's then-current fees, unless either party provides notice of its intent to terminate, either through the Service or via email.
9.2 Either party may terminate this Agreement upon thirty (30) days' prior written notice if the other party materially breaches any of the terms and conditions of this Agreement and such material breach is not cured within the thirty (30) day period. ClassComposer will have the right to suspend Your use of or access to the Service in the event ClassComposer determines in its sole discretion that You have breached this Agreement. If a payment becomes ten (10) business days or more overdue, ClassComposer reserves the right to suspend Your access to the Service without liability to You, until payment is made in full. ClassComposer may terminate this Agreement without cause upon at least sixty (60) days' prior written notice. In such event, You will be entitled to a refund of any prepaid amounts for Service not delivered.
9.3 The terms provided in Sections 4, 5, 6, 8, 9.3, 9.4, 11.2, 11.3, and 12-15 of this Agreement shall survive any termination of this Agreement. In addition, upon termination You shall promptly pay ClassComposer all outstanding amounts due under this Agreement.
9.4 Upon termination, You may request export of Your Data, including Class Plans, by contacting support@classcomposer.app within thirty (30) days of termination. ClassComposer will use commercially reasonable efforts to make such Data available for export. After such thirty (30) day period, ClassComposer shall have no obligation to retain or provide Your Data.
10. Independent Contractors
The parties are and intend to be independent contractors with respect to the services contemplated hereunder. ClassComposer agrees that neither it, its employees, nor its contractors shall be considered as having an employee status with You. No form of joint employer, joint venture, partnership, or similar relationship between the parties is intended or hereby created.
11. Warranties; Disclaimers
11.1 You and ClassComposer each warrant that they have full authority to enter into this Agreement and are not bound by any contractual or legal restrictions from fulfilling their obligations hereunder. You represent and warrant that all Data provided to ClassComposer in connection with Your use of the Site and the Service: (i) is owned by You, or You have the full right to provide the Data to ClassComposer; (ii) does not infringe or misappropriate any copyright, trademark, trade secret, or other intellectual property right; (iii) does not violate any person's right of privacy or publicity; and (iv) does not contain any unlawful, obscene, defamatory, or libelous material.
11.2 You shall be solely responsible for Your use of the Service. You acknowledge and agree that the Service is strictly a tool to assist in class planning, playlist organization, and related tasks, and that ClassComposer does not provide legal advice regarding music licensing, public performance rights, or compliance with any Third-Party Music Service's terms of use. ClassComposer does not warrant that the Service will operate without interruption or error-free. While ClassComposer takes commercially reasonable measures to protect the security of the Service and Your Data, You understand that ClassComposer cannot guarantee that the Service will be totally secure. Under no circumstances will ClassComposer be held liable for any loss, corruption, deletion of, or failure to store any Data.
CLASSCOMPOSER DOES NOT WARRANT THAT THE SERVICE, ANY RESULTS, ANY AI-GENERATED CONTENT, OR ANY THIRD-PARTY MUSIC SERVICE WILL BE FIT FOR YOUR PURPOSES, BE COMPLETE OR ACCURATE, OR BE SUITABLE FOR YOUR NEEDS. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, CLASSCOMPOSER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICE OR AI-GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. CLASSCOMPOSER IS NOT RESPONSIBLE FOR ANY DECISIONS MADE OR ACTIONS TAKEN OR NOT TAKEN BY YOU IN RELIANCE ON YOUR USE OF THE SERVICE OR AI-GENERATED CONTENT, INCLUDING ANY DECISIONS REGARDING MUSIC SELECTION, LICENSING, PUBLIC PERFORMANCE, CLASS DESIGN, OR FITNESS INSTRUCTION.
12. Indemnification
You, at Your expense, shall indemnify, defend, and hold ClassComposer and its officers, directors, owners, employees, and affiliates harmless from and against all liability, damages, injuries, losses, costs, and expenses (including attorney's fees) arising out of or relating to Your use of the Service, including but not limited to liability arising from: (a) Your breach of any representations, warranties, or covenants in this Agreement; (b) Your compliance (or failure to comply) with applicable laws and regulations; (c) the Data or Your use of any results or AI-Generated Content provided by the Service; (d) Your use of music in connection with fitness classes or other activities, including claims of copyright infringement, unauthorized public performance, or violation of any Third-Party Music Service's terms of use; and (e) any claims by third parties arising from Your teaching or conduct of fitness classes. ClassComposer shall provide You with prompt written notice of any such claim.
13. Liability
13.1 The limit of ClassComposer's liability (whether in contract, tort, negligence, strict liability in tort, or by statute or otherwise) to You or to any third party concerning performance or non-performance by ClassComposer, or in any manner related to this Agreement or the Service, for any and all claims shall not exceed in the aggregate the greater of: (i) any Subscription Fees paid by You to ClassComposer hereunder during the three (3) months prior to the date that the relevant cause of action accrued, and (ii) $100.
13.2 In no event shall either party be liable for special, consequential, incidental, indirect, or punitive loss, damage, or expenses whether arising in contract or tort (including but not limited to lost profits, loss of data, or the cost of recreating lost data), even if it has been advised of their possible existence.
13.3 The allocations of liability in this Section represent the agreed and bargained-for understanding of the parties and ClassComposer's compensation reflects such allocation. These limitations of liability will apply notwithstanding any failure of essential purpose of any limited remedy.
14. Dispute Resolution
14.1 The parties agree to work together in good faith to resolve any dispute regarding this Agreement internally and by escalating it to higher levels of management and optional mediation, prior to resorting to binding arbitration.
14.2 Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, that cannot be resolved by good faith negotiations shall be finally settled by binding arbitration conducted in the English language in Raleigh, NC (USA), under the commercial arbitration rules of the American Arbitration Association ("AAA"). The prevailing party shall be entitled to an award of reasonable attorney fees incurred in connection with the arbitration. The award of the arbitrator shall be the sole and exclusive remedy of the parties and shall be enforceable in any court of competent jurisdiction. Notwithstanding anything contained in this Section to the contrary, each party shall have the right to institute judicial proceedings against the other party in order to enforce the instituting party's rights in and to its intellectual property or confidential information through specific performance, injunction, or similar equitable relief.
14.3 This Agreement shall be interpreted, construed, and governed by the laws of the State of North Carolina, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
15. Miscellaneous
15.1 If You are located in the European Union, You consent to the processing of personal information in the United States by ClassComposer in connection with the Service and as set forth herein and in the Privacy Policy.
15.2 Neither party shall be liable for any failure or delay in the performance of its obligations (except for payment obligations hereunder) due to causes beyond the reasonable control of the party affected, including but not limited to war, sabotage, insurrection, riot, strikes or other labor shortages, acts of any government, acts of terrorism, accident, fire, explosion, flood, hurricane, severe weather, pandemic, epidemic, failure of telecommunication or internet service providers, interruption or discontinuation of any Third-Party Music Service, or unavailability of any AI Provider.
15.3 This Agreement and ClassComposer's published policies constitute the entire understanding of the parties with respect to its subject matter, and supersede all prior or contemporaneous written and oral communications, understandings, or agreements. No waiver of any provision of this Agreement will be effective unless in writing and signed by the party waiving compliance. Headings used in this Agreement are for convenience of reference only.
15.4 You shall have no right to assign this Agreement or any of Your rights or obligations hereunder. ClassComposer may assign this Agreement and any of its rights hereunder to third parties.
15.5 Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
15.6 You agree to comply with all relevant export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders.
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