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Terms of Service

Effective Date: March 1, 2026 · Last Updated: April 6, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING LIMITATIONS OF LIABILITY, A DISCLAIMER OF WARRANTIES, AND PROVISIONS GOVERNING THE RESOLUTION OF DISPUTES.

These Terms of Service ("Terms") constitute a binding legal agreement between you and MusiCal ("MusiCal," "we," "us," or "our") governing your access to and use of the MusiCal website at musicalendars.com, the application at app.musicalendars.com, and all related products, features, content, software, mobile applications, and services we provide (collectively, the "Service"). By accessing or using the Service, by clicking a button or checkbox indicating acceptance, or by otherwise indicating your agreement, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must not access or use the Service. If you are accepting these Terms on behalf of a school, theatre company, or other organization, you represent and warrant that you have the legal authority to bind that entity and its personnel to these Terms.

1. The Service

MusiCal provides a software-as-a-service platform for managing theatre productions, including the creation and distribution of customized digital rehearsal calendars, cast and audition management, conflict tracking, attendance, casting, and related production management features. The Service is offered for use by schools, theatre companies, community theatre groups, and similar organizations and the individuals associated with them.

2. Eligibility

You must be at least the age of majority in your jurisdiction (typically 18) to create an Administrator account or to enter into these Terms on your own behalf. If you are under the age of majority, you may use the Service only with the involvement and supervision of a parent, guardian, or authorized school personnel. Cast Members under the age of majority should not access the Service except as authorized by their school or production staff. The Service is intended for users in the United States and is not directed to individuals in jurisdictions where providing or using the Service would be unlawful.

3. Accounts

3.1 Cast Members

Cast Members generally do not need to create an account to download calendars from the public download portal. Access is granted via a production access code provided by a school or Administrator. You agree not to share access codes with unauthorized individuals.

3.2 Administrators

Administrator access requires authentication through a supported third-party identity provider. By creating or using an Administrator account, you represent and warrant that:

• All registration information you provide is accurate, current, and complete
• You will maintain the accuracy of such information
• You are authorized by your school or organization to access and manage production data on its behalf
• Your use of the Service complies with all applicable laws and your organization's internal policies

You are responsible for safeguarding your account credentials and for all activity that occurs under your account, whether or not authorized by you. You agree to notify us immediately of any unauthorized access or use of your account.

4. Acceptable Use

You agree to use the Service only for its intended lawful purposes. You agree not to:

• Use the Service in any manner that violates any applicable law, regulation, contract, intellectual property right, or other right of any person or entity
• Use the Service for any unlawful, harmful, fraudulent, infringing, defamatory, harassing, threatening, abusive, hateful, obscene, or otherwise objectionable purpose
• Share access codes, account credentials, or production data with individuals not authorized by the school or Administrator
• Enter false, misleading, or unauthorized information into the Service
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Attempt to access data, accounts, productions, or any portion of the Service that you are not authorized to access
• Use the Service to collect, harvest, store, or process personal information about others for any purpose unrelated to the production for which it was provided
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, object code, underlying ideas, or algorithms of the Service, except to the extent that such restrictions are prohibited by applicable law
• Modify, translate, or create derivative works based on the Service
• Copy, frame, mirror, sell, resell, license, sublicense, distribute, lease, rent, or otherwise commercially exploit any portion of the Service
• Interfere with, disrupt, overburden, or impair the Service or its supporting infrastructure
• Use any robot, spider, scraper, crawler, or other automated means to access the Service or extract data from it, except for publicly available calendar feeds accessed by standard calendar applications
• Bypass, disable, defeat, or otherwise circumvent any security features, rate limits, or access controls of the Service
• Probe, scan, or test the vulnerability of the Service or breach any security or authentication measures
• Introduce any viruses, worms, malware, or other malicious code into the Service
• Send unsolicited communications, promotions, advertisements, spam, or other forms of solicitation through the Service
• Use the Service to develop, train, fine-tune, or improve any artificial intelligence or machine learning model

5. Administrator and School Responsibilities

Administrators and the schools or organizations they represent agree that:

• You will only enter Personal Information for individuals who are legitimately part of your production
• You are solely responsible for obtaining all necessary consents, authorizations, and notices required by applicable law before submitting any Personal Information to the Service, including from parents and guardians of minors
• You are solely responsible for compliance with FERPA, COPPA, applicable state student privacy laws, and any other laws governing the collection and use of personal information about minors and students
• You will keep production access codes confidential and distribute them only to authorized cast and crew members
• You will promptly notify us in writing if you become aware of any unauthorized access to or use of your account, production data, or any breach of these Terms
• You will not use the Service in a manner inconsistent with any agreement you have with the individuals whose Personal Information is in the Service
• You will indemnify and hold MusiCal harmless from any third-party claim arising from your failure to obtain such consents or to comply with applicable law

6. Student Data and Educational Privacy Laws

When the Service is used by a school, MusiCal acts as a "school official" with a "legitimate educational interest" under FERPA. MusiCal will use Student Data only for the purposes authorized by the school and as described in our Privacy Policy. MusiCal does not own Student Data; the school does. Schools may request access to, correction of, or deletion of Student Data at any time.

Schools represent and warrant that they have provided all required notices and obtained all required consents under applicable law to permit MusiCal to receive and process Student Data. Schools acknowledge that MusiCal is not in a position to verify such consents and is relying on the school's representation.

7. Intellectual Property

7.1 MusiCal's Intellectual Property

The Service, including all software, code, design, layout, text, graphics, logos, icons, images, audio, video, data compilations, and all other content provided by MusiCal (collectively, "MusiCal Content"), is owned by MusiCal or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. Subject to your compliance with these Terms, MusiCal grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service solely for its intended purposes. All rights not expressly granted are reserved by MusiCal.

7.2 Trademarks

"MusiCal," the MusiCal name, and any associated logos and marks are trademarks of MusiCal. You may not use these trademarks without our prior written permission. Other product and company names mentioned in the Service may be trademarks of their respective owners.

7.3 Your Content

You retain ownership of any data, information, text, files, or other materials that you submit, upload, post, or otherwise transmit to or through the Service ("Your Content"). By submitting Your Content, you grant MusiCal a worldwide, royalty-free, non-exclusive, sublicensable license to host, store, reproduce, modify, create derivative works from, communicate, publish, and distribute Your Content solely as necessary to provide, maintain, and improve the Service for you and to enforce these Terms. This license terminates when Your Content is deleted from the Service, except to the extent retention is required by law or for backup purposes.

You represent and warrant that you have all rights necessary to grant the license above and that Your Content does not violate any applicable law, contract, or third-party right.

7.4 Licensed Show Content

MusiCal does not provide, license, or grant any rights to theatrical works, scripts, lyrics, music, or scores. Schools and theatre companies are solely responsible for obtaining their own performance, mechanical, synchronization, and any other licenses required from the appropriate licensing organizations. Any show titles, character names, scene descriptions, or other content related to licensed works that is entered into the Service is the property of the respective rights holders, and your use of such content within the Service is at your own risk and subject to your own license arrangements.

7.5 Feedback

If you provide MusiCal with any suggestions, comments, ideas, or feedback regarding the Service ("Feedback"), you grant MusiCal a perpetual, irrevocable, royalty-free, fully-paid, worldwide license to use, reproduce, modify, distribute, and otherwise exploit such Feedback for any purpose without compensation or attribution.

8. Generated Calendars and Output

Calendar files (including ICS, PDF, and any other formats) generated by the Service are provided for the personal scheduling use of cast members, families, and production staff. Generated files may be stored temporarily and may be automatically deleted after a defined retention period. We do not guarantee the permanent availability, accuracy, completeness, or suitability of any generated file for any particular purpose. It is the responsibility of production staff to verify that generated calendars accurately reflect the intended schedule before relying on them.

9. Service Availability and Modifications

We strive to maintain availability and reliability of the Service but make no commitment regarding uptime, availability, or performance. We may, at any time and without notice or liability:

• Modify, suspend, or discontinue any part or all of the Service
• Add, remove, or change features and functionality
• Impose limits on storage, usage, or features
• Perform maintenance, updates, or repairs
• Investigate or remedy any actual or suspected violation of these Terms

We are not liable for any modification, suspension, or discontinuation of the Service or for any data loss or other consequences resulting from such actions.

10. Beta Features and Experimental Functionality

From time to time, we may make available features or functionality designated as "beta," "preview," "experimental," or similar ("Beta Features"). Beta Features are provided "as is," without any warranty whatsoever, and may be modified or discontinued at any time. Your use of Beta Features is voluntary and at your own risk. We may collect feedback and usage data about Beta Features to improve them.

11. DISCLAIMER OF WARRANTIES

THE SERVICE AND ALL CONTENT, INFORMATION, PRODUCTS, MATERIALS, AND OUTPUTS PROVIDED THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MUSICAL AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, "MUSICAL PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT
• WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE
• WARRANTIES THAT DEFECTS WILL BE CORRECTED
• WARRANTIES THAT THE SERVICE OR ITS HOSTING INFRASTRUCTURE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT, INFORMATION, OR OUTPUT GENERATED BY OR THROUGH THE SERVICE

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MUSICAL OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE MUSICAL PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, OR DATA
• BUSINESS INTERRUPTION OR COMPUTER FAILURE OR MALFUNCTION
• MISSED REHEARSALS, PERFORMANCES, AUDITIONS, OR OTHER PRODUCTION EVENTS
• SCHEDULING CONFLICTS OR ERRORS IN GENERATED CALENDARS
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
• COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES
• ANY OTHER COMMERCIAL OR ECONOMIC LOSS

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MUSICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE MUSICAL PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID TO MUSICAL FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY UNITED STATES DOLLARS ($50.00).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MUSICAL AND THAT MUSICAL WOULD NOT PROVIDE THE SERVICE WITHOUT SUCH LIMITATIONS.

13. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless MusiCal and the MusiCal Parties from and against any and all claims, demands, suits, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your access to or use of the Service
• Your violation of these Terms or any representation, warranty, or obligation contained herein
• Your violation of any applicable law, regulation, or third-party right (including any privacy, publicity, or intellectual property right)
• Your Content or any Personal Information you submit to the Service
• Any dispute between you and any other user, school, or third party arising in connection with the Service
• Your failure to obtain any required consents or licenses for content or data submitted to the Service

MusiCal reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, in which case you agree to cooperate with our defense at your expense. You may not settle any matter without MusiCal's prior written consent.

14. Termination

You may stop using the Service at any time. Administrators may delete their account by following the procedures in the Service or by contacting us. We may, in our sole discretion and without prior notice, suspend or terminate your access to all or any portion of the Service at any time, for any reason or no reason, including without limitation if we believe you have violated these Terms, if your use of the Service creates risk or possible legal exposure for MusiCal, or if we discontinue the Service.

Upon termination, your right to use the Service immediately ceases, and we may delete or deactivate your account and Your Content. The following provisions will survive any termination of these Terms: Sections 4 (Acceptable Use), 7 (Intellectual Property), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), 14 (Termination), 15 (Governing Law and Dispute Resolution), 16 (General Provisions), and any other provisions which by their nature should survive termination.

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms and any dispute arising out of or related to them or the Service will be governed by and construed in accordance with the laws of the United States and the State of Missouri, without regard to its conflict of law principles or the United Nations Convention on Contracts for the International Sale of Goods.

15.2 Informal Resolution

Before filing any formal proceeding, you agree to first contact us at the address in Section 17 and to attempt in good faith to resolve any dispute informally for at least sixty (60) days.

15.3 Venue

Subject to Section 15.4, any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the state or federal courts located in Missouri, and you consent to the personal jurisdiction of such courts and waive any objection based on inconvenient forum.

15.4 Class Action Waiver

To the maximum extent permitted by law, you and MusiCal agree that any dispute arising out of or related to these Terms or the Service will be resolved on an individual basis, and not as a plaintiff or class member in any purported class, consolidated, or representative action. You waive any right to a jury trial.

15.5 Statute of Limitations

You agree that any claim arising out of or related to these Terms or the Service must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies or terms expressly incorporated herein, constitute the entire agreement between you and MusiCal regarding the Service and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding such subject matter.

16.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

16.3 No Waiver

Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by an authorized representative of MusiCal.

16.4 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder, in whole or in part, without our prior written consent. Any attempted assignment without consent is void. We may assign or transfer these Terms, in whole or in part, without restriction or notice.

16.5 Force Majeure

MusiCal will not be liable for any failure or delay in performance of its obligations under these Terms to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, civil unrest, government action, labor disputes, internet or telecommunications failures, third-party service provider failures, or other similar events.

16.6 Notices

We may provide notices to you by email, by posting on the Service, or by any other reasonable means. You must send notices to us in writing at the contact address in Section 17.

16.7 No Third-Party Beneficiaries

These Terms are for the benefit of you and MusiCal only and do not create any third-party beneficiary rights.

16.8 Relationship of the Parties

You and MusiCal are independent contractors. These Terms do not create any partnership, joint venture, agency, employment, or fiduciary relationship.

16.9 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

16.10 Export Controls

You agree to comply with all applicable export control and sanctions laws of the United States and other jurisdictions. You represent that you are not located in, under the control of, or a national or resident of any country or on any list of restricted parties subject to U.S. embargoes or sanctions.

16.11 U.S. Government Rights

The Service is "commercial computer software" and "commercial computer software documentation" as defined under U.S. Federal Acquisition Regulations. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions of these Terms.

16.12 Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will update the "Last Updated" date above and may notify you through the Service or by other means. Your continued use of the Service after such changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

17. Contact Us

For questions about these Terms or to send legal notices, please contact us at:

MusiCal
Email: legal@musicalendars.com
Website: www.musicalendars.com