Terms of Service

1. Introduction & Acceptance

Welcome to Kalpanaad Music Academy ("Company," "we," "our," "us"). These Terms of Service ("Terms") govern your use of our website, mobile applications, courses, events, and all related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access our Services. If you are using our Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

2. Definitions

• "Academy" refers to Kalpanaad Music Academy, its owners, employees, contractors, and affiliates.
• "User," "You," "Your" refers to the individual or entity using our Services.
• "Student" refers to a user enrolled in any course or program offered by the Academy.
• "Course" refers to any educational program, including online courses, in-person classes, workshops, and masterclasses.
• "Content" includes all videos, audio recordings, text materials, sheet music, and any other educational resources provided by the Academy.
• "Account" refers to the registered user profile created to access our Services.
• "Subscription" refers to recurring payment plans for ongoing access to Services.

3. Eligibility & Account Registration

3.1 Age Requirements

You must be at least 18 years old to create an account and use our Services independently. If you are between 13 and 18 years old, you may use our Services only with the involvement and consent of a parent or legal guardian. Children under 13 are not permitted to create accounts but may participate in age-appropriate courses with parental supervision.

3.2 Account Creation

To access certain features of our Services, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.3 Account Security

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

3.4 Account Types

4. Services Offered

Kalpanaad Music Academy provides the following services:

5. Payment Terms

5.1 Fees and Charges

All fees for courses, events, memberships, and products are clearly displayed at the time of purchase. Prices are in Indian Rupees (₹) and include applicable taxes unless otherwise stated.

5.2 Payment Methods

5.3 Subscriptions & Recurring Payments

• Billing Cycle: Subscriptions are billed in advance on a monthly or annual basis.
• Auto-Renewal: Subscriptions automatically renew unless cancelled at least 48 hours before the renewal date.
• Cancellation: You may cancel your subscription anytime through your account settings. Access continues until the end of the current billing period.
• Price Changes: We may change subscription fees with 30 days' notice. Continued use after the change constitutes acceptance.

5.4 Payment Processing

Payments are processed securely through third-party payment gateways (Razorpay, Stripe, PayPal). We do not store your complete payment information on our servers. By making a payment, you agree to the terms of the respective payment processor.

5.5 Currency & International Payments

International customers may be charged in their local currency at the applicable exchange rate. Your bank may impose additional foreign transaction fees.

6. Intellectual Property Rights

6.1 Our Content

All content provided through our Services, including but not limited to videos, audio recordings, text, graphics, logos, sheet music, and software, is the property of Kalpanaad Music Academy or our licensors and is protected by Indian and international copyright, trademark, and other intellectual property laws.

6.2 License to Use

Upon payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the purchased content for personal, non-commercial educational purposes only. You may not:

• Share your account credentials with others
• Download, copy, or record video lessons (except where explicitly permitted)
• Distribute, sell, rent, or sublicense any content
• Modify, adapt, or create derivative works from our content
• Remove any copyright or proprietary notices
• Use content for commercial purposes or public performances

6.3 Your Content

By submitting feedback, comments, or uploading your own content (such as practice recordings), you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and display such content for the purpose of providing and improving our Services. You retain ownership of your original content.

6.4 Copyright Infringement

If you believe any content on our Services infringes your copyright, please contact our Designated Copyright Agent at legal@kalpanaad.com with the following information:

• Description of the copyrighted work
• URL or location of the infringing material
• Your contact information
• A statement of good faith belief

7. User Conduct & Community Guidelines

You agree not to use our Services to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others
• Upload or transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Harass, abuse, or harm other users or instructors
• Post inappropriate, offensive, or discriminatory content
• Impersonate any person or entity
• Engage in any activity that disrupts or interferes with our Services
• Use automated means to access or scrape our content
• Share or resell course access without authorization

8. Termination & Suspension

8.1 Termination by You

You may terminate your account at any time through your account settings. Upon termination, you will lose access to all purchased content. No refunds will be provided for unused portions of subscriptions or courses.

8.2 Termination by Us

We may suspend or terminate your access to our Services at our sole discretion, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. Grounds for termination include:

8.3 Effect of Termination

Upon termination, your right to access our Services will immediately cease. Sections relating to intellectual property, limitation of liability, and dispute resolution shall survive termination.

9. Disclaimer of Warranties

YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, KALPANAAD MUSIC ACADEMY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• IMPLIED WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• COURSE OF DEALING OR USAGE OF TRADE

We do not warrant that:

• The Services will meet your specific requirements
• The Services will be uninterrupted, timely, secure, or error-free
• The quality of any products, services, or information obtained will meet your expectations
• Any errors in the software will be corrected

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KALPANAAD MUSIC ACADEMY BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL
• DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE
• ANY AMOUNT EXCEEDING THE FEES PAID BY YOU TO THE ACADEMY IN THE 12 MONTHS PRECEDING THE CLAIM

This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damages.

11. Indemnification

You agree to indemnify, defend, and hold harmless Kalpanaad Music Academy, its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from:

• Your use of and access to our Services
• Your violation of any term of these Terms
• Your violation of any third-party right, including copyright or privacy right
• Any claim that your content caused damage to a third party

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

12.2 Informal Resolution

Before filing any claim, you agree to attempt to resolve the dispute informally by contacting us at legal@kalpanaad.com. We will attempt to resolve the dispute within 30 days.

12.3 Jurisdiction

Any legal action arising out of or relating to these Terms shall be brought exclusively in the courts of Lucknow, Uttar Pradesh, India. You consent to the personal jurisdiction of such courts.

12.4 Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive any right to participate in a class action, collective action, or representative proceeding.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email (sent to the email address in your account) or by posting a prominent notice on our website prior to the changes becoming effective.

Your continued use of our Services after the effective date of any modified Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue using our Services.

14. Miscellaneous

14.1 Entire Agreement

These Terms constitute the entire agreement between you and Kalpanaad Music Academy regarding your use of our Services and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, or strikes.

15. Contact Us

If you have questions about these Terms or need to report a violation, please contact us: