Terms of Service

These Terms of Service ("Terms") are a binding agreement between you and SEFA Software LLC ("SEFA Software LLC," "we," "us," or "our") governing access to and use of Encore Dance(the "Service") at https://encoredance.app and related applications, features, and services.

By creating an account, clicking to accept, or using the Service, you agree to these Terms and our Privacy Policy. If you use the Service on behalf of a studio or organization, you represent that you have authority to bind that entity, and "you" includes that entity.

If you do not agree, do not use the Service.

Encore Dance is a business-to-business software platform that helps dance studios manage private lesson scheduling, packages, attendance, parent and instructor access, payment status tracking, and related studio workflows.

We may modify, suspend, or discontinue any part of the Service at any time. We do not guarantee uninterrupted or error-free operation.

• You must be at least 18 years old and able to form a binding contract to create a studio account.
• You must provide accurate, current, and complete registration information and keep it updated.
• You are responsible for all activity under your account and for safeguarding login credentials.
• You must notify us promptly of unauthorized access or suspected compromise of your account.
• We may refuse, suspend, or terminate accounts that violate these Terms or create risk to the Service or others.

If you are a studio owner or authorized administrator, you agree that you are solely responsible for:

• Your studio's use of the Service and all content, records, and data you or your staff enter.
• Informing instructors, parents, and other End Users about how your studio uses the Service.
• Obtaining all required consents and providing all required notices for student and parent information, including information relating to minors.
• Your studio policies, pricing, cancellations, refunds, lesson rules, and communications with families.
• Determining whether manual payment tracking, Venmo instructions, or any future payment features meet your legal and business requirements.
• Compliance with applicable laws, including consumer protection, privacy, tax, employment, and accessibility laws that apply to your studio operations.

Instructors and parents may access the Service through invitations or accounts linked to a studio. End Users must comply with these Terms and any studio policies that apply to them. Disputes between a studio and its instructors or parents regarding lessons, payments, or policies are primarily between those parties, although we may assist with account access issues when appropriate.

You agree not to, and not to allow others to:

• Use the Service for unlawful, harmful, fraudulent, or deceptive purposes.
• Upload or transmit malware, attempt unauthorized access, probe or scan systems, or interfere with Service integrity or performance.
• Reverse engineer, decompile, or attempt to derive source code except to the extent such restriction is prohibited by law.
• Use the Service to store or transmit content that infringes intellectual property or privacy rights.
• Harass, abuse, or harm another person or entity.
• Resell, sublicense, or provide the Service to third parties except as expressly permitted.
• Use automated means to access the Service in a manner that exceeds reasonable use or bypasses access controls.
• Misrepresent identity, affiliation, or authorization to access a studio account.

Our collection and use of personal information is described in the Privacy Policy. Processing of studio operational data on your behalf is further governed by the Studio Data Processing Addendum (DPA). You retain ownership of data you submit to the Service. You grant SEFA Software LLC a worldwide, non-exclusive license to host, copy, process, transmit, and display Customer Data solely to provide, secure, maintain, and improve the Service and as otherwise permitted by these Terms, the DPA, and applicable law.

You represent that you have all rights necessary to submit Customer Data and to grant the license above.

Studio owners, instructors, and parents may download a copy of available data and delete their account through Account and privacy settings in the studio dashboard, as described in our Privacy Policy. Studio owners are responsible for exporting studio data before closing an account if they need a copy for their records.

The Service, including software, design, logos, documentation, and all related intellectual property, is owned by SEFA Software LLC or its licensors and is protected by applicable laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.

Encore Dance and related marks are trademarks of SEFA Software LLC. You may not use our marks without prior written permission.

If you provide suggestions, ideas, or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback without restriction or compensation to you.

The Service may integrate with or link to third-party services such as payment processors, email providers, or Venmo. Third-party services are not under our control and are subject to their own terms. We are not responsible for third-party services.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEFA Software LLC AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT DATA WILL BE ACCURATE OR NOT LOST. YOU USE THE SERVICE AT YOUR OWN RISK.

THE SERVICE IS A TOOL TO ASSIST STUDIO OPERATIONS. WE DO NOT PROVIDE LEGAL, ACCOUNTING, TAX, OR BUSINESS ADVICE. YOU ARE RESPONSIBLE FOR YOUR STUDIO'S POLICIES, COMPLIANCE, AND DECISIONS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• SEFA Software LLC WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• SEFA Software LLC'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO SEFA SOFTWARE LLC FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
• Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

You will defend, indemnify, and hold harmless SEFA Software LLCand its affiliates, officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service.
• Customer Data or content you submit.
• Your studio policies, lesson practices, or relationships with instructors, parents, or students.
• Your violation of these Terms or applicable law.
• Any dispute between you and an End User, except to the extent caused by our gross negligence or willful misconduct.

We may suspend or terminate access to the Service immediately if we reasonably believe you violated these Terms, created security or legal risk, or failed to pay applicable fees. You may stop using the Service at any time.

Upon termination, your right to access the Service ends. Sections that by their nature should survive will survive, including payment obligations, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.

You may close your studio account or remove your instructor or parent account from a studio at any time through Account and privacy settings. Download an export first if you need a copy of your data. Deletion is subject to the retention and exceptions described in our Privacy Policy.

These Terms are governed by the laws of the [State of organization — update before launch], without regard to conflict-of-law principles, except where preempted by applicable federal law. If arbitration does not apply to a particular dispute, exclusive jurisdiction and venue will lie in the state or federal courts located in that state, and you consent to personal jurisdiction there.

We may modify these Terms at any time. If we make material changes, we will provide notice by posting the updated Terms on https://encoredance.app, updating the effective date, and, where appropriate, providing account or email notice. Continued use after the effective date constitutes acceptance. If you do not agree, you must stop using the Service.

• Entire agreement: These Terms and the Privacy Policy are the entire agreement regarding the Service.
• Severability: If any provision is unenforceable, the remaining provisions remain in effect.
• No waiver: Failure to enforce a provision is not a waiver of future enforcement.
• Assignment: You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Force majeure: We are not liable for delays or failures caused by events beyond our reasonable control.
• Export compliance: You may not use the Service in violation of export control or sanctions laws.

Questions about these Terms: