Terms of Use

Rules governing access to and use of the KaraOrchee Service

These Terms of Use ("Terms") are a binding agreement between you and KaraOrchee, Inc., a Delaware corporation ("KaraOrchee," "we," or "us"), governing the KaraOrchee application and related services (the "Service"). By creating an account, clicking to accept, or using the Service, you agree to these Terms. If you are a student age 13 through 17, your parent or legal guardian must separately approve your account and expressly agree to these Terms, including the individual-arbitration and class-action-waiver provisions, before restricted features are enabled.

Eligibility and account roles

• Teachers must be at least 18 years old and legally able to enter this agreement, and must also accept the KaraOrchee Teacher Terms.
• Adult students may create and use their own accounts.
• Students ages 13 through 17 may register, but their accounts remain pending until guardian approval is complete. Before approval they may not connect with a teacher, record or upload a lesson, use transcription or AI processing, upload a score, add a profile photo, or share content.
• Children under 13 may not create an account or use Release 1, and a lesson that includes anyone under 13 may not be recorded or uploaded.
• You must provide accurate information, maintain the confidentiality of credentials, and promptly report unauthorized access. You may not impersonate another person or misstate age, role, or authority over a minor.

Teacher and guardian responsibilities

Teachers must use the Service only with students they are authorized to teach, protect student information, limit score and lesson access to legitimate instructional purposes, and obtain all permissions required for each recording and upload. A guardian approving a teen account represents that the guardian is at least 18, is the student's parent or legal guardian, has reviewed the notices presented, and has authority to approve the student's account and the stated activities.

Pairing and private sharing

Pairing codes and links establish a private connection between designated users. Do not publish, reuse, sell, or transfer a pairing credential. Content shared through a pairing remains limited to the feature and paired relationship indicated in the app. KaraOrchee may revoke or reset a pairing to protect users or the Service.

Recordings and consent

You may record only a lesson in which every recorded participant has received the recording notice and affirmatively consented before recording begins. If a participant is under 18, the participant's parent or legal guardian must also authorize the recording. Do not record or upload a lesson that includes anyone under 13; if a child under 13 is recorded, stop the recording and do not upload it. These rules also apply to a recording made outside the app and imported into it. Do not record bystanders, confidential conversations, or any person who has not consented. Stop promptly if anyone withdraws consent. Because recording laws differ, you are responsible for complying with the law where each participant is located. KaraOrchee may apply a stricter all-participant-consent rule as a condition of the Service.

AI assisted features

Transcripts and AI-generated notes are automated drafts and may contain errors, omissions, or inappropriate recommendations. Teachers must exercise independent judgment and review teacher-created lesson notes before sending them to a student. Users should not rely on AI output for medical, legal, safety-critical, or emergency decisions. KaraOrchee may modify, suspend, or discontinue an AI feature and may impose reasonable limits to protect users and service integrity.

User content and score materials

You retain any rights you hold in content you submit. You grant KaraOrchee a limited, nonexclusive, worldwide, royalty-free license to host, copy, transmit, format, process, create technical derivatives of, display, and make your content available to the specific paired user solely to operate, secure, and support the Service. Score images you upload are used to provide Vision Notes and related score features, not to train AI models. KaraOrchee does not use your content to train AI models, except a problem report you choose to submit through the separate “Help improve KaraOrchee” option, which KaraOrchee may use to diagnose and fix problems and to improve, train, and evaluate its models, as described when you submit the report. This license ends when the content is deleted from active systems, subject to backup cycles, legal holds, and records KaraOrchee may lawfully retain.

You must own or have permission to upload each score image, recording, text, or other material. Ownership of a physical score or lawful access to a copy does not necessarily authorize reproduction, digitization, adaptation, or distribution. Do not upload material beyond the portion and purpose permitted by law or license. Copyright notices may be sent to legal@karaorchee.com or to the mailing address below.

Acceptable use

• Do not infringe intellectual property, privacy, publicity, confidentiality, or other rights.
• Do not upload malware; probe or defeat security; scrape the Service; reverse engineer except as law permits; interfere with operations; or access another account without authorization.
• Do not harass, exploit, groom, threaten, or endanger a minor; solicit unnecessary personal information; or use the Service for illegal, deceptive, or abusive conduct.
• Do not use Service output or content to train a model, build a competing dataset, or create unauthorized public copies.
• Do not use the Service to provide emergency services or professional advice outside ordinary music instruction.

Privacy

Our Privacy Policy and Children and Teen Privacy Notice explain how we handle personal information. You agree to provide all notices and obtain all permissions required for information you submit about another person. Teachers may not download, reuse, or disclose student information outside the authorized lesson relationship except as required by law or approved by the student and guardian where applicable.

Account deletion suspension and termination

You may initiate deletion in the app. We may restrict, suspend, or terminate access if we reasonably believe an account violates these Terms, presents a security or safety risk, infringes rights, lacks required guardian approval, or must be restricted by law. We may preserve information needed to investigate, comply with law, resolve disputes, protect safety, or enforce these Terms. Provisions that by their nature should survive will survive termination, including ownership, licenses for retained copies, disclaimers, limitations, indemnity, disputes, and enforcement provisions.

Service availability and changes

The Service may change and may be interrupted for maintenance, security, vendor issues, or events beyond our control. Release 1 is provided without charge. We will provide any legally required notice before introducing paid features or material changes to these Terms.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL TRANSCRIPTS, AI OUTPUT, NOTES, AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." KARAORCHEE DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. KARAORCHEE DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR SUITABLE FOR ANY PARTICULAR INSTRUCTIONAL RESULT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KARAORCHEE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, GOODWILL, OR OPPORTUNITY, ARISING FROM THE SERVICE. KARAORCHEE'S AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID KARAORCHEE FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITS DO NOT APPLY WHERE PROHIBITED OR TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED.

Indemnity

To the extent permitted by law, an adult user or a guardian acting for a minor will defend, indemnify, and hold harmless KaraOrchee from third-party claims arising from that person's unlawful content, infringement, violation of these Terms, or misuse of the Service. KaraOrchee will provide reasonable notice and may control the defense. This provision does not require indemnification for KaraOrchee's own unlawful conduct and does not apply where prohibited.

Governing law and dispute resolution

Informal resolution first

Before starting arbitration or a court proceeding, the complaining party must send an individualized written notice describing the facts, legal basis, requested relief, and account email to legal@karaorchee.com or KaraOrchee, Inc., 4725 Dorsey Hall Drive, Suite A, PMB 1037, Ellicott City, Maryland 21042-7738. The parties will attempt in good faith to resolve the dispute for 30 days after receipt. A limitations period will be tolled during that 30-day period to the extent permitted by law. This requirement does not prevent a party from seeking urgent relief necessary to avoid immediate and irreparable harm.

Agreement to individual arbitration

Except for the matters identified below, you and KaraOrchee agree that any dispute, claim, or controversy arising out of or relating to the Service, these Terms, or the parties' relationship will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. One neutral arbitrator will decide the dispute and may award the same individualized legal and equitable remedies that a court could award.

Arbitration procedure and fees

Arbitration may proceed by documents, telephone, or videoconference when permitted by the AAA rules. If an in-person hearing is required, it will occur in the county where the consumer resides unless the parties agree otherwise. Fees will be allocated under the AAA Consumer Arbitration Rules and applicable law. KaraOrchee will pay the amounts those rules require a business to pay, including arbitrator compensation, and the consumer will not be required to pay more than the amount permitted for a consumer under those rules and applicable law. The arbitrator may award fees or costs only when authorized by law or the AAA rules.

Guardian and teen acceptance

For a student age 13 through 17, the guardian accepts these Terms, including this arbitration agreement and the class-action waiver, on the guardian approval page by checking the box that expressly identifies them, on the guardian's own behalf and, to the extent permitted by law, on behalf of the student. The student's own acceptance does not replace the guardian's acceptance. The guardian signs electronically by typing their full legal name on the approval page and selecting “Sign and approve,” which has the same effect as a handwritten signature, and, by checking the electronic-records box on that page, consents to receive records relating to the account electronically. KaraOrchee will retain a record of the guardian's acceptance, including the accepted Terms version, timestamp, and any timely arbitration opt-out. If this arbitration agreement cannot lawfully bind a student or a particular student claim, that dispute will be handled under the exclusive-forum provision below.

Small claims and limited court relief

Either party may bring an eligible individual claim in a small-claims court with jurisdiction in the consumer's county of residence or Howard County, Maryland, instead of arbitration. Either party may also seek temporary or emergency injunctive relief in a court with jurisdiction to protect account security, prevent unauthorized access or misuse, or protect intellectual-property rights while arbitration is pending, without waiving arbitration of the merits.

Class action waiver

YOU AND KARAORCHEE AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY MAY BRING, JOIN, OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL PROCEEDING, AND AN ARBITRATOR MAY AWARD RELIEF ONLY TO THE INDIVIDUAL PARTY SEEKING RELIEF. This provision does not waive a remedy or form of public injunctive relief that applicable law does not permit the parties to waive. No class or representative arbitration may proceed without the written agreement of every party.

Thirty day arbitration opt out

You may opt out of arbitration without affecting your account or access to the Service by sending a notice within 30 days after first accepting these Terms. Send the notice by email to legal@karaorchee.com with the subject line "Arbitration Opt-Out" or by mail to KaraOrchee, Inc., 4725 Dorsey Hall Drive, Suite A, PMB 1037, Ellicott City, Maryland 21042-7738. The notice must identify your name, account email, and an unambiguous statement that you opt out of arbitration. For a teen account, the guardian must submit the opt-out by email from the guardian email address used for the approval. A timely opt-out applies only to arbitration; the remaining Terms, including the Maryland governing-law and exclusive-forum provisions, remain effective. KaraOrchee will retain and confirm the opt-out record. If KaraOrchee later makes a material change to this arbitration agreement, it will provide notice and any renewed opt-out right required by law.

Maryland law and exclusive forum

Except for the Federal Arbitration Act and any nonwaivable law that applies to a consumer, these Terms and any dispute are governed by Maryland law, without regard to conflict-of-laws rules. A dispute that is not subject to arbitration, including a dispute covered by a valid opt-out or a claim severed from arbitration, must be brought exclusively in a state court located in Howard County, Maryland, or the United States District Court for the District of Maryland. Each party consents to personal jurisdiction and venue in those courts. The small-claims option above remains available.

Severability and survival

If a final decision determines that a particular claim, remedy, or portion of this dispute-resolution section cannot be arbitrated or waived, that matter will be severed and decided by a court after the arbitrable matters are completed, unless applicable law requires otherwise. The remaining provisions will continue to apply. This dispute-resolution section survives account deletion and termination of these Terms.

Apple terms

If you obtained the app through Apple, these Terms are between you and KaraOrchee, not Apple. Apple has no obligation to provide maintenance or support and is not responsible for the Service or related claims, except as required by law. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you upon acceptance.

Changes and contact

We may revise these Terms and will provide notice of material changes. Continued use after the stated effective date constitutes acceptance where permitted; renewed affirmative consent will be obtained where required. Questions may be sent to legal@karaorchee.com or KaraOrchee, Inc., 4725 Dorsey Hall Drive, Suite A, PMB 1037, Ellicott City, Maryland 21042-7738, 616-591-6204.