Terms of Service

Last updated: 30 September 2026
Effective date: [EFFECTIVE DATE]

These Terms of Service (“Terms”) are a binding agreement between each adult account holder (“User” or “you”) and Timbre Foundry Pty Ltd, trading as EtudeSpark (“EtudeSpark,” “we,” “us,” or “our”). They govern the EtudeSpark teacher web service, iOS application, websites, and related services (together, the “Service”). “Personal Data” means information that identifies or can reasonably be linked to a person, as described in the Privacy Policy. A “Guardian” is an adult authorized to manage a child's use of the Service; a “Teacher” is an adult music educator or studio operator.

Please read these Terms and the EtudeSpark Privacy Policy. By creating an account, clicking to accept, buying a subscription, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Who may use EtudeSpark

Adult account holders

Only a person who has reached the legal age of majority and can form a binding contract in their place of residence may register an account. Accounts are available only in the adult roles of:

• Guardian: an adult who has authority to supervise a child and make decisions concerning the child's use and Personal Data; or
• Teacher: an adult music educator or authorized studio representative.

You must provide accurate information and must not claim a role or authority you do not have. If you create an account for an organization, you represent that you have authority to bind it; “you” includes that organization.

Children and students

A minor may use the iOS app only under the direct oversight of a Guardian. A child does not receive an independent EtudeSpark username, email login, or password. A child profile is a record managed through adult relationships, not a separate User account.

A Teacher may create a limited unclaimed roster placeholder containing a first name or alias, instrument, and broad practice level. Its sole purpose is to organize the Teacher's private roster, prepare teaching assignments, and invite a Guardian. It is not a child account or an active child-facing profile. Until a Guardian claims it, the child cannot use it and it cannot hold practice telemetry, recordings, server audio, device registration, YouTube access, contact information, or other child-generated data. The iOS app does not ask for a child's date of birth. The Teacher must have an existing teaching relationship or other lawful basis to create the placeholder, must give any notice required by law, and must not add unnecessary or sensitive information. A Teacher must not use a placeholder to circumvent parental consent or instruct a child to misrepresent their age.

Guardian responsibility

A Guardian is responsible for:

• supervising a child's use, including microphone, recording, and YouTube features;
• reviewing and maintaining consents and linked Teachers/Guardians;
• reviewing, trimming, and muting processed audio before approving Premium server storage;
• ensuring that the device-owner authentication credentials are available only to appropriate adults; and
• deciding whether a Teacher, assignment, reference, or external link is appropriate for the child.

2. The Service

EtudeSpark provides studio administration, assignments, schedules, repertoire and practice tools, optional recordings and automated practice indicators, and family controls. It may also offer curated reference-video links.

A linked Guardian may save a recurring family lesson plan for a child without an active Teacher. The plan is stored with the child's family record and is unavailable for editing while an active Teacher schedule governs the child. A planned lesson marker does not confirm that a lesson took place or create a booking with a Teacher.

The Teacher web CRM is offered without charge. We may change, suspend, or discontinue features or introduce paid CRM features after reasonable notice where required. Existing rights and obligations accrued before a change are unaffected.

The iOS app offers a free tier and may offer optional Premium features through Apple In-App Purchase. On the free tier, performance audio remains on the Guardian's device only, is kept there for a limited period, and is excluded from device backups; it is not stored on EtudeSpark servers or made playable to Teachers. Teachers may receive non-audio practice metrics, such as the number and duration of takes. Server storage of a child's approved performance recordings is a Premium feature when offered. The purchase screen and in-app feature description will identify the applicable storage entitlement and limits. Some features may be experimental, remotely configured, limited by region or device, or disabled for safety, technical, or legal reasons.

The Service is an organizational and educational aid. It is not a school, childcare service, emergency service, payment processor, professional safeguarding service, or substitute for a Teacher's or Guardian's judgment. Automated rhythm, pitch, tempo, alignment, completeness, repetition, or voice-redaction output may be inaccurate and must not be used as the sole basis for high-stakes decisions about a student.

3. Accounts and security

Adult authentication may be provided through Firebase, email/password, email link, or Sign in with Apple. You must keep your email account, Apple account, device, and credentials secure; use only your own account; promptly update information; and notify [SECURITY EMAIL] of suspected compromise.

The iOS app uses Apple's device-owner authentication for specified sensitive actions. Face ID, Touch ID, or the device passcode may satisfy the check. EtudeSpark receives a success/failure result, not biometric templates or the passcode. This is a safety control, not proof of legal guardianship. You remain responsible for controlling access to the device and its enrolled credentials.

You may not share a Teacher account among unrelated Users, access another person's account, or attempt to bypass relationship, consent, device-owner, or access controls.

4. Teacher and Guardian relationships

EtudeSpark helps adults exchange assignments, schedules, progress information, and reminders. Teachers may see practice metadata for enrolled children, but cannot play child takes through the Service. EtudeSpark does not select, employ, vet, supervise, endorse, or guarantee a Teacher, Guardian, studio, or student unless we expressly say otherwise in writing.

Teachers and Guardians are solely responsible for their real-world relationship, including identity and background checks, credentials, safeguarding, lesson supervision, location safety, transportation, fees, cancellations, taxes, insurance, disputes, and compliance with school, studio, professional, and child-protection rules. EtudeSpark is not a party to their lesson or tuition arrangement and does not process the payment-reminder amounts recorded in the CRM.

Use emergency services and appropriate local authorities for immediate safety concerns. Do not rely on EtudeSpark to monitor messages, lessons, locations, conduct, or welfare.

5. Consents, recordings, and family safety

The primary Guardian controls the optional Premium Repertoire Vault storage consent for each covered child; linked Guardians may approve a frozen, voice-redacted render for a child to whom they are linked. That per-render approval and the destination consent are separate from payment. The app attempts on-device speech detection and removal and provides review, trim, and mute controls. Before approval, the Guardian must review the retained selection, remove unintended speech, and confirm that they are satisfied it is appropriate to store. Automated redaction and Guardian review reduce risk but do not guarantee that a recording contains no voice or other identifying sound. The Guardian must not approve a recording containing another person without lawful permission.

On the free tier, performance audio remains on the Guardian's device only, is kept there for a limited period, and is excluded from device backups. EtudeSpark servers receive non-audio practice metadata and metrics but not performance-audio bytes, and Teachers cannot play child takes through the Service. If Premium is offered, the Repertoire Vault accepts audio only after active family entitlement, separate storage consent, and approval of the exact frozen render. Teachers continue to have metadata visibility only; the Service does not provide Teacher audio playback.

You may not use any EtudeSpark recording feature to surveil, secretly record, or violate wiretap, eavesdropping, privacy, performer, or publicity laws.

Withdrawing a consent may disable the related feature. It does not affect processing that was lawful before withdrawal and may not erase records that must be kept for a valid legal, safety, dispute, or accounting reason.

6. YouTube API Services

Where the video feature is available, EtudeSpark uses YouTube API Services, including the YouTube IFrame Player API, for curated reference videos. By using those features, you also agree to be bound by the YouTube Terms of Service. Google's processing is described in the Google Privacy Policy. The Service does not request YouTube account authorization. Users can review authorization given to other services at Google Security Settings.

You must not use EtudeSpark to:

• download, extract, copy, or separate YouTube audiovisual content;
• block, obscure, modify, or interfere with YouTube player controls, links, branding, measurement, or advertising;
• play YouTube content in the background or when the player is not visible;
• offer or obtain rewards, credits, or incentives for watching or interacting with YouTube content;
• falsely imply that EtudeSpark owns, endorses, or is endorsed by YouTube or a video owner; or
• use the feature in breach of YouTube's terms, Google policies, copyright, or child-safety law.

YouTube controls video availability, content, recommendations, links, and ads. A linked video may change, become unavailable, or lead outside EtudeSpark. Guardians and Teachers must decide whether a video is suitable. EtudeSpark is not responsible for third-party content, subject to rights that cannot lawfully be excluded.

7. Apple App Store and optional subscriptions

This section applies if EtudeSpark offers an auto-renewable subscription through Apple's In-App Purchase system.

A subscription may include the Premium Repertoire Vault for Guardian-approved child performance recordings. It is audio-only, is separate from any device-local copy, and is not a backup or permanence promise. Each family has one primary Guardian who alone may buy, restore, bind, or manage the subscription. A currently linked invited Guardian receives the same Premium benefit only for their linked covered child and does not need a second subscription; no family may cover more than four children. This is EtudeSpark family access, not Apple App Store Family Sharing.

The vault is subject to these limits:

• up to 30 newly confirmed takes, 1,800 recorded seconds, and 32 MiB of newly confirmed media per family per UTC day;
• up to 15 MiB or 10 minutes per take; and
• up to four covered children per family.

If purchase copy describes library capacity as “unlimited,” it means there is no total library-count cap; the limits above still apply, and storage is not permanent. Free families do not send performance-audio bytes to EtudeSpark. Their voice-redacted audio remains on their device, excluded from device backups, under the applicable local policy.

Local-only or unconfirmed device-held media is retained for at least 30 days from capture unless deliberately deleted or device/app data is erased; a confirmed Premium copy may permit guardian-authorized local offload. Confirmed Premium audio remains in standard storage for 365 days and then moves to lower-access storage. It is not automatically deleted by age and is not permanent; it may be deleted after withdrawal of storage consent, an explicit take/child/family/account deletion, a valid legal requirement, or a later policy change with required notice/consent. When paid access ends, authorized linked Guardians may stream confirmed audio for 60 days; afterward it remains stored but locked until renewal, subject to those deletion events. Cancellation itself does not delete audio. Guardians should keep an independent copy of any recording they need to preserve, where an export option is provided and lawful.

Purchase and renewal

The subscription name, included features, billing period, current price, currency, and any trial or introductory offer will be shown on the App Store purchase screen before confirmation. Payment is charged to the Apple Account used to confirm the purchase. The subscription automatically renews for the same period at the displayed renewal price unless it is cancelled or Apple cannot renew it. Apple may begin the renewal transaction during the 24 hours before the current period expires. Taxes and price changes are handled as shown by Apple and applicable law.

You can manage or cancel a subscription through your device's Apple Account subscription settings or at Apple's subscription-management page. Cancellation ordinarily takes effect at the end of the current paid period. Deleting the app, deleting an EtudeSpark account, losing a Teacher relationship, or ceasing to use the Service does not by itself cancel the Apple subscription.

If a free trial or promotional period is offered, its length and conversion price will be displayed before purchase. Unless cancelled before the trial or offer ends in accordance with Apple's displayed terms, it converts to the stated paid subscription. Unused portions of a trial may be lost when another offer or subscription is purchased, as Apple permits.

Billing, restoration, and refunds

Apple, not EtudeSpark, processes App Store billing. Use the app's restore-purchases control or the same Apple Account to restore eligible access. If an entitlement is not recognized, contact [SUPPORT EMAIL] with non-sensitive purchase details; do not send a full payment-card number or Apple password.

Refund eligibility and processing are governed by Apple's rules and applicable consumer law. Request an App Store refund at reportaproblem.apple.com or through Apple Support. EtudeSpark cannot issue an Apple-processed refund directly. Nothing in these Terms limits a mandatory statutory refund, cooling-off, or consumer-guarantee right.

Apple-specific terms

Apple is not a party to these Terms and is not responsible for the Service, its maintenance, support, warranties, or claims, except as required by law or Apple's own terms. EtudeSpark, not Apple, is responsible for addressing claims relating to the iOS app, including product liability, legal compliance, and intellectual-property claims. You represent that you are not located in a country subject to a US Government embargo and are not on a US Government prohibited-party list. Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it against you.

8. Your content

“User Content” includes assignment text, instructions, notes, messages, studio/public-profile material, images, reference audio, recordings, titles, links, and other material that you submit, upload, create, or share through the Service.

You retain ownership of your User Content. You grant EtudeSpark a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process, transmit, display, adapt for technical formatting, and delete that content only as reasonably necessary to operate, secure, support, and improve the Service, comply with your settings, and meet legal obligations. The licence lasts while the content is stored and for a reasonable backup/deletion period. Public-profile content may be shown publicly while publication is enabled.

You represent and warrant that:

• you own User Content or have all permissions needed to submit and use it;
• custom uploaded assignments, scores, arrangements, backing tracks, reference audio, images, recordings, and video links do not infringe copyright, performer, moral, privacy, publicity, confidentiality, or other rights;
• you have all required consents for every identifiable or audible person, including children;
• the content is accurate where accuracy matters and is not deceptive, unlawful, abusive, exploitative, or unsafe; and
• your instructions and use comply with professional, school/studio, safeguarding, and music-licensing obligations.

Submitting a title, link, or copy to something available online does not establish permission. You may link to authorized content using supported tools; you may not upload a commercial score, sound recording, video, or arrangement merely because it is useful for teaching.

9. Copyright complaints and repeat infringement

We respect intellectual-property rights and may remove or disable material when we reasonably believe it infringes. A copyright owner or authorized agent may send a notice to:

DMCA/copyright agent: [DMCA AGENT NAME]
Email: [DMCA EMAIL]
Address: [DMCA POSTAL ADDRESS]
Telephone: [DMCA TELEPHONE]

For a notice under the US Digital Millennium Copyright Act, include: identification of the copyrighted work; identification and location of the allegedly infringing material; your contact information; a good-faith statement that the use is not authorized; a statement under penalty of perjury that the notice is accurate and you are authorized to act; and a physical or electronic signature.

If your material is removed by mistake, you may send a legally compliant counter-notice identifying the material and its former location, stating under penalty of perjury your good-faith belief that removal was a mistake or misidentification, consenting to the appropriate US federal court jurisdiction and service of process where the DMCA requires it, and providing your signature and contact details. We may forward notices and counter-notices to the affected person.

We may terminate accounts of repeat infringers in appropriate circumstances. Knowingly false notices may create liability.

10. Acceptable use

You must not, and must not help another person to:

• harm, exploit, groom, harass, threaten, discriminate against, or endanger a child or adult;
• submit child sexual abuse material or other illegal or exploitative content;
• collect or expose a child's contact, precise location, credentials, recordings, or other Personal Data without authority and necessity;
• impersonate someone or misrepresent qualifications, affiliation, guardianship, consent, attendance, progress, or payment status;
• scrape, harvest, sell, rent, or use Service data for advertising, profiling, surveillance, or model training without our written permission and a lawful basis;
• probe, disrupt, overload, reverse engineer, bypass, or gain unauthorized access to the Service, except where a non-waivable law permits security research;
• introduce malware, automate abusive requests, defeat rate limits, or interfere with another tenant;
• use the Service or output to make a legal, medical, admissions, employment, credit, or similarly high-impact decision; or
• violate law, sanctions, export controls, court orders, these Terms, or a third party's rights.

Report urgent child-safety concerns to local authorities and [SAFETY EMAIL]. We may preserve and report information when reasonably necessary or legally required to protect a child or another person.

11. Our intellectual property

The Service, software, design, trademarks, and EtudeSpark-provided content are owned by EtudeSpark or its licensors and are protected by law. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for personal family use or the internal operation of your teaching studio.

This licence does not permit resale, sublicensing, copying a material part of the Service, removing notices, creating a competing dataset or service, or using our marks without written permission. Open-source components are governed by their own licences.

If you provide feedback, you grant us a perpetual, worldwide, irrevocable, royalty-free right to use it without restriction or compensation, without identifying you unless you agree.

12. Changes, availability, and beta features

We may maintain, update, secure, replace, limit, or discontinue all or part of the Service. We will provide notice where a change materially reduces a paid entitlement or law requires notice. Features may depend on Firebase, Google Cloud, Apple, YouTube, networks, device capability, teacher activity, or third-party content and may be delayed or unavailable.

Beta, pilot, preview, remotely enabled, or free features may be incomplete, inaccurate, changed without notice, or withdrawn. Do not rely on them for irreplaceable records, emergencies, safeguarding, or legal compliance. Keep appropriate independent studio, consent, attendance, accounting, and lesson records.

13. Suspension and termination

You may stop using the Service at any time. Guardians may request account deletion in iOS Settings. Teachers may request immediate deletion or a seven-day scheduled deletion through CRM settings. Deletion consequences and retained/pseudonymized records are explained in the Privacy Policy. Account deletion does not cancel an Apple subscription.

We may restrict, suspend, or terminate access, remove content, freeze a disputed child handoff, or preserve evidence if we reasonably believe it is necessary to protect a child or another person, prevent harm or fraud, respond to legal process, address infringement, secure the Service, or enforce these Terms. Where appropriate and lawful, we will give notice and an opportunity to appeal at [APPEALS EMAIL].

On termination, your licence to use the Service ends. Sections that by their nature should survive—including ownership, licences needed for retained content, payment obligations, disclaimers, liability limits, indemnity, disputes, and general terms—continue to apply.

14. Disclaimers

Nothing in these Terms excludes a warranty, guarantee, right, or remedy that cannot lawfully be excluded, including applicable rights under the Australian Consumer Law.

To the maximum extent permitted by law, the Service—including the free Teacher CRM, beta features, automated analysis, content, schedules, reminders, and third-party links—is provided “as is” and “as available.” EtudeSpark does not warrant that it will be uninterrupted, error-free, secure, complete, accurate, suitable for a particular learning outcome, or that data will never be lost. We disclaim implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and quiet enjoyment to the extent lawful.

EtudeSpark does not warrant the identity, qualifications, conduct, safety, availability, performance, statements, fees, or suitability of any Teacher, Guardian, studio, or student, and is not responsible for real-world lessons, meetings, communications, transportation, payments, injuries, disputes, or safeguarding arrangements between them. This paragraph does not exclude liability that the law makes non-excludable.

15. Limitation of liability

To the maximum extent permitted by law, EtudeSpark and its directors, employees, affiliates, and suppliers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential loss; loss of profits, revenue, goodwill, opportunity, or data; business interruption; substitute services; or harm arising from a Teacher's, Guardian's, student's, or third party's conduct, even if advised that the loss was possible.

To the maximum extent permitted by law, our aggregate liability arising out of or relating to the Service or these Terms will not exceed the amount you paid EtudeSpark for the Service during the 12 months preceding the event giving rise to the claim.

The cap does not apply to fraud, wilful misconduct, death or personal injury caused by negligence where liability cannot be limited, or another liability that applicable law prohibits us from limiting. Some jurisdictions do not allow particular exclusions, so those exclusions apply only to the lawful extent.

Where the Australian Consumer Law permits us to limit a remedy for failure of a non-consumer service guarantee, our liability is limited, at our option, to supplying the service again or paying the cost of having it supplied again.

16. Indemnity

To the extent permitted by law, an organizational Teacher/studio account holder will indemnify EtudeSpark against third-party claims, losses, and reasonable legal costs arising from its User Content, infringement, unlawful recording, lack of authority or consent, real-world teaching relationship, or material breach of these Terms. This obligation applies only to the extent caused by that account holder and does not require indemnification for EtudeSpark's own negligence, wilful misconduct, or breach. We will provide reasonable notice and allow control of the defence, subject to our right to participate and approve a settlement that imposes an obligation or admission on us.

17. Governing law and disputes

Before filing a formal claim, please send a written description and requested resolution to [LEGAL EMAIL]. We will try in good faith for 30 days to resolve it. This does not prevent either party from seeking urgent injunctive relief or using a regulator, tribunal, small-claims process, or mandatory consumer remedy.

These Terms are governed by the laws of [STATE OR TERRITORY], Australia, without regard to conflict-of-law rules. Subject to non-waivable consumer rights, courts located in [CITY, STATE OR TERRITORY] have non-exclusive jurisdiction. If the law where you live gives you the right to bring a claim locally or applies mandatory local protections, this clause does not take those rights away.

18. Changes to these Terms

We may update these Terms for changes to the Service, law, security, or business. We will post the revised version and give reasonable additional notice of material changes. If law requires consent, we will ask for it. Changes apply prospectively from their stated effective date. If you do not agree, stop using the Service and cancel any subscription; provisions already accrued remain effective.

19. General terms

These Terms, the Privacy Policy, the purchase terms shown by Apple, and any expressly incorporated feature terms form the entire agreement about the Service. If they conflict, mandatory law controls; then the feature or purchase terms control for that subject; then these Terms.

We may assign these Terms in connection with a merger, reorganization, financing, or sale, subject to law. You may not assign them without our written consent. A failure to enforce a provision is not a waiver. If a provision is unenforceable, it will be limited to the minimum extent necessary and the rest remains effective. Headings are for convenience. “Including” means “including without limitation.” Electronic notices and signatures may be used where lawful.

Neither party is liable for delay caused by events beyond reasonable control, except payment obligations and duties that cannot lawfully be excused.

20. Contact

Timbre Foundry Pty Ltd / EtudeSpark
[REGISTERED POSTAL ADDRESS]
[SUPPORT EMAIL]
[LEGAL EMAIL]