Terms of Service

1. Who this agreement is between

These terms are an agreement between PerfectMyMusic, 303 Pinewood Drive, Rock Spring, GA 30739, and the school or district that orders PerfectMyMusic: a school ordering for itself, or a district ordering for one or more of its schools. In these terms, “the school or district” always means that customer: the one that accepts these terms, orders, pays, and gives and receives notices under them. Where these terms say “school” alone, they mean a school a license covers: its teachers and students, its enrollment and its trial.

PerfectMyMusic is an online music curriculum for schools: lessons, practice and quizzes that students work through in a web browser, and a gradebook for their teachers. A school or district, never a family or a single teacher, is the customer, and each licensed school’s teachers and students use PerfectMyMusic under these terms.

A school or district accepts these terms by its order or its pilot agreement, or when a teacher starts a trial for a school; a teacher who starts a trial does so for that school. Every quote names these terms, and so does the trial form.

2. What a license covers

A license is for one school. It covers every teacher and every student at that school, however many there are: there are no seats to count, and nothing is priced per student.

It lets the school’s students and teachers use the course, its lessons, practice, quizzes and exams, and lets its teachers use the gradebook and the tools that come with it, for teaching and learning at the school.

A license starts when the order for it arrives and runs to the end date on the quote, normally the end of a school year.

A district can order for several of its schools on one purchase order. The district then signs and pays, and these terms apply to it. Each school still has its own license, priced by that school’s enrollment and covering every teacher and every student there, with the same dates for every school on the order, and any district discount is written on the quote. A district’s signed student data privacy agreement governs where it differs (see “A district’s own privacy agreement”, below). In the app, each school stays its own school, with its own teachers, classes and records; there is no screen for a district as a whole.

3. The price

The price is per school, by the year, and is set by that school’s total enrollment, in bands, never by how many students use PerfectMyMusic. PerfectMyMusic looks up and verifies each school’s enrollment from public records, so nobody has to count anyone.

The quote gives each school’s price, and any discount or offer is written on the quote. A school’s price holds for the license it was quoted for.

If a school’s price for its next year will be higher, PerfectMyMusic tells the school or district at least 90 days before that school’s license ends.

4. Free trials and pilots

A school can try PerfectMyMusic free for 30 days: the whole open course, for every teacher at the school, with no limit on students. The 30 days start at the school’s first session: the first time its first teacher signs in. A trial costs nothing, and nothing has to be bought when it ends.

A school made in the app waits for PerfectMyMusic to approve it before students can sign in. Its 30 days run meanwhile, and its teachers can set up classes and try everything. PerfectMyMusic can add days to a trial.

When a trial ends, the school keeps everything: its teachers still sign in and see their classes and every record, and lessons and questions stop opening, for students and teachers, until a license is ordered for the school or PerfectMyMusic adds days.

PerfectMyMusic also runs free pilots, each agreed in writing with the school or district. A pilot school uses PerfectMyMusic free for the time that agreement gives, and everything else in these terms applies.

5. Ordering and paying

PerfectMyMusic sends the school or district a quote, made out for its office. The school or district orders with a purchase order raised against that quote, or by asking in writing to be invoiced.

PerfectMyMusic switches on every school the order covers when the order arrives, not when the payment clears, and sends an invoice. The school or district pays the invoice by check, or by card where the invoice offers it, by the date the invoice gives.

Paying by credit card adds a card fee, shown on the invoice before the school or district pays. There is no fee for a check or a debit card.

If an invoice is still unpaid 30 days after its due date, PerfectMyMusic writes to the school or district. If it is still unpaid 30 days after that, PerfectMyMusic may pause lessons and questions at the schools it covers until it is paid; their classes and records are never touched.

6. Renewing, and when a license ends

A license does not renew by itself, and nothing is ever charged automatically. To keep PerfectMyMusic for another year, the school or district sends a new order against a new quote.

When a license ends without a new order, the school keeps everything, as at the end of a trial: its teachers still sign in and see their classes and every record, and lessons and questions stop opening until the license is renewed. For what happens to the records after that, see “Student records and privacy”, below.

7. Refunds

A license is not refunded once it has started, and its invoice stands. The one exception: if PerfectMyMusic ends a license early, or stops offering the course, through no fault of the school or district, it refunds the fee for the whole months left, or takes that much off an invoice not yet paid.

8. What the school or district looks after

The school or district decides who uses PerfectMyMusic at each school it orders for, and the teachers look after their own classes:

• Teachers sign in with Google, or with a link sent to their email; nobody signs in with a password. Each school’s first teacher looks after its account, and other teachers join through the ways in PerfectMyMusic sets up for that school, such as its staff email ending or a list of addresses.
• Teachers add their own students, with the first and last names the school chooses to enter, and print each student’s code on a slip. A code is a student’s whole sign-in, so it stays with that student. If a code is shared, the teacher gives that student a new one, and the old one stops at once.
• A student who leaves is archived: the code stops working, and the work is kept.
• For students under 13, the school or district gives the consent COPPA asks for, for classroom use, as the privacy page explains.
• The school or district is responsible for the names and other details its teachers enter, and for how its teachers and students use PerfectMyMusic.

9. Using PerfectMyMusic fairly

PerfectMyMusic is for teaching and learning at each licensed school. Teachers may show it to their classes and print what the app prints, such as code slips and progress reports. Nobody may:

• share a student’s code or a teacher’s sign-in beyond the school, or let anyone outside the school use the course;
• copy, record, download, resell or republish the course’s lessons, questions, recordings or artwork, or use them to make another product, except as the app itself allows;
• copy PerfectMyMusic’s software, or take it apart to see how it works;
• try to get into anything they are not meant to see, test PerfectMyMusic’s security without its written permission, or overload it, for example with automated tools;
• use PerfectMyMusic to break the law or to harm anyone.

10. Student records and privacy

The school or district owns its students’ records: their names, their codes and their work in the course. PerfectMyMusic keeps them for the school or district and uses them only to provide the course to it, as the privacy page, perfectmymusic.app/privacy, sets out. The privacy page is part of these terms.

Under it, PerfectMyMusic follows FERPA, acting for the school or district as a school official with a legitimate educational interest; for students under 13, the school or district gives consent for classroom use, as COPPA allows; a school’s records are kept for one year after its license ends, then deleted, and sooner, within 30 days, when the school or district asks in writing; and if student information is ever exposed, PerfectMyMusic tells the school or district within 72 hours of learning of it.

11. A district’s own privacy agreement

Many districts and states ask for a student data privacy agreement of their own. Where the school or district has signed one with PerfectMyMusic and it differs from these terms, the signed agreement governs.

12. What belongs to whom

The course belongs to PerfectMyMusic: its lessons, questions, recordings, artwork and software. A license lets each licensed school’s teachers and students use it; it does not pass any of it to the school or district. Some of what the course is built with belongs to others and is used under their licenses; the Credits page, reached from Help in the app, lists them.

Students’ records belong to the school or district (see “Student records and privacy”, above).

13. Updates, availability and help

PerfectMyMusic improves the course over time. Updates go out outside school hours; only a fix for something that stops a class working, such as students being unable to sign in, may go out during the school day. An update never deletes a student’s work, and a change to how scores are worked out is announced in the app a week before it takes effect.

PerfectMyMusic works to keep the course running and to put faults right quickly, but it does not promise any particular availability: the course may sometimes be slow or unavailable (see “No other promises”, below).

Help is by email, at support@perfectmymusic.com.

14. Ending a license early

The school or district may stop using PerfectMyMusic at any time. For money already paid, see “Refunds”, above; for its students’ records, see the privacy page.

PerfectMyMusic may stop a code or an account straight away if it is being misused, and tells the school or district the same day. Either side may end a license early if the other seriously breaks these terms and has not put it right 30 days after being told in writing.

15. No other promises

PerfectMyMusic is provided as is and as available. Beyond what these terms and the privacy page say, PerfectMyMusic makes no promises about it, stated or implied, including that it will always be available or free of errors, or that it is merchantable or fit for a particular purpose.

16. Limits on liability

PerfectMyMusic is not liable for indirect or consequential losses, such as lost time or costs that follow from a fault, or for losses that could not reasonably have been foreseen.

Whatever the claim, PerfectMyMusic’s total liability to a school or district is limited to the fees it paid PerfectMyMusic in the 12 months before the claim arose.

Nothing in these terms limits a liability that the law does not allow to be limited.

17. Which law applies

These terms are governed by the laws of the State of Georgia.

18. Changes to these terms

If these terms change, this page changes first, with its new date, and every school or district that uses PerfectMyMusic is told before the change takes effect.

A change applies to a school or district from the start of its next license year, or, for one without a paid license, 30 days after it is told, unless the law requires it sooner or the change only adds to what it gets. The school or district is told in the app’s What’s new and by email to its teachers.

19. The whole agreement

These terms, the privacy page, and the quote and the order are the whole agreement between PerfectMyMusic and the school or district.

Where they differ, a signed student data privacy agreement governs (see “A district’s own privacy agreement”, above); then the quote, for the price, the dates and any offer on it; then these terms. Terms printed on a purchase order or another form do not change these terms unless PerfectMyMusic signs them.

If any part of these terms cannot be enforced, the rest still applies. A license cannot be passed to another school or organization without PerfectMyMusic’s written agreement.

20. Contact

PerfectMyMusic, 303 Pinewood Drive, Rock Spring, GA 30739.

Questions about these terms, and any notice under them, go to support@perfectmymusic.com.