Terms of Service
Please read Section 18 carefully. It requires you and us to resolve most disputes through individual binding arbitration, not in court, and it waives class actions and jury trials. You can opt out of arbitration within 30 days of first accepting these Terms (Section 18.8).
The short version (not a substitute for the full Terms)
- ArtsCompass is an organizing and information tool. It is not a school, an admissions office, or a guarantee of any outcome.
- The school's own official information always controls. Confirm every deadline and requirement with the school before you act.
- Independent consultants who use ArtsCompass are not our employees or agents. Their advice is their own.
- A parent or legal guardian holds the family account and is responsible for how a minor dancer uses ArtsCompass. No one under 13 may use it.
- You own what you upload. You give us permission to store it and show it to the people you choose.
- The service is provided "as is." Our liability is limited to the greater of what you paid us in the past 12 months or $100.
Contents
- Agreement to these Terms
- Who we are
- What ArtsCompass is, and what it is not
- Deadlines, requirements and school information
- Eligibility, minors and accounts
- Consultants
- AI features
- Your content
- Acceptable use
- Our content and database
- Fees and subscriptions
- Third-party services and links
- Privacy
- Suspension and termination
- Disclaimer of warranties
- Limitation of liability
- Release and indemnity
- Dispute resolution and arbitration
- Governing law
- Changes to these Terms
- General
- Contact
1. Agreement to these Terms
These Terms of Service ("Terms") are a binding agreement between you and Ypaty Labs, which operates ArtsCompass ("ArtsCompass," "we," "us," "our"). They govern your use of the ArtsCompass website, web application, help content and related services (together, the "Service").
You accept these Terms when you check the box agreeing to them, create an account, or use the Service. If you do not agree, do not use the Service. Our Privacy Policy and our Data Sources & Accuracy statement are part of these Terms. If you use the Service as a consultant or other professional, the Consultant Terms also apply to you.
If you accept these Terms on behalf of a minor (see Section 5), you agree to them both for yourself and on the minor's behalf, and you are responsible for the minor's compliance.
2. Who we are
ArtsCompass is operated by Ypaty Labs. We may transfer the Service, and these Terms, to an affiliated or successor entity (for example, a company formed to operate ArtsCompass). You agree that we may do so, as described in Section 21. You can reach us at [email protected].
3. What ArtsCompass is, and what it is not
ArtsCompass helps families, dancers and consultants organize the process of applying to college dance programs. It provides a planning workspace (school lists, calendars, checklists, documents and notes) and a database of information about dance programs gathered from public sources.
ArtsCompass is not:
- A school or an admissions office. We are independent. We are not affiliated with, endorsed by, sponsored by, or acting on behalf of any college, university, conservatory, company, studio, intensive, or organization listed in the Service, unless we say so expressly. School names and logos identify the schools; they do not imply endorsement.
- A guarantee of any outcome. We do not promise, and nothing in the Service predicts, that any dancer will be admitted, pass an audition, receive a scholarship or financial aid, or achieve any career result.
- Professional advice. Nothing in the Service is legal, financial, tax, medical, health, injury, nutrition or psychological advice. Talk to a qualified professional about those matters.
- An admissions counselor. ArtsCompass does not itself advise you which schools to apply to or what to decide. Any recommendation you receive through the Service comes from a consultant (Section 6) or is general information.
You, and the parent or guardian for a minor, are solely responsible for every decision you make and every action you take or do not take, including which schools to apply to, what to submit, what to spend, and when.
4. Deadlines, requirements and school information
The school is always the authority. Schools change deadlines, requirements, audition dates, fees and policies, sometimes without notice. The information in ArtsCompass can be incomplete, out of date, or wrong, even when it is marked as checked.
Before you act on any date, requirement, cost or policy, confirm it directly with the school. If ArtsCompass and a school's own website, portal, catalog or communication disagree, the school's version controls.
We work to keep the information accurate, and we show where it came from, when it was last checked, and whether a person has verified it. How we gather and label information is described in our Data Sources & Accuracy statement. But we do not warrant that any information is accurate, complete or current, and we have no duty to update it.
Calendars, reminders, urgency markers, checklists, "done" and "missing" indicators, estimates (marked "est."), costs, net-price figures and similar features are planning aids only. They may not reflect every requirement a school has, and they may be wrong. You are responsible for meeting every deadline and requirement. We are not responsible for a missed deadline, an incomplete or rejected application, a missed audition, or any cost, including travel, application, audition or tuition costs, that results from relying on the Service.
Information about faculty, alumni, where dancers trained or went on to, program styles, or program focus describes what public sources say. It is not a ranking, a rating, an endorsement, or a statement about quality or effectiveness. Commentary summarized from public talks and articles, and a consultant's notes, are opinions. They are not facts confirmed by the school.
5. Eligibility, minors and accounts
5.1 Who may use the Service
- Adults. You may create an account if you are at least 18 years old and able to form a binding contract.
- Dancers aged 13 to 17. A dancer under 18 may use the Service only as part of a family account that a parent or legal guardian has set up or approved, and only after that parent or guardian has agreed to these Terms on the dancer's behalf.
- No one under 13. The Service is not directed to children under 13, and they may not use it or create an account. If we learn that a child under 13 has given us personal information, we will delete it.
5.2 Parents and guardians
If you are the parent or legal guardian who holds a family account, you represent that you have legal authority to act for the dancer; you consent to the dancer's use of the Service and to our handling of the dancer's information as described in the Privacy Policy; and you are responsible for the dancer's use of the Service, including content the dancer submits and the dancer's compliance with these Terms. You can review, correct, or ask us to delete your dancer's information at any time (see the Privacy Policy).
5.3 Your account
Give accurate information, keep your password confidential, and do not share your account. You are responsible for activity under your account. Tell us promptly at [email protected] if you believe your account has been accessed without permission. Each person should use their own login; a dancer should use the dancer's own login, not a parent's.
5.4 Communications
You agree that we may send you notices electronically, by email or within the Service, and that electronic notices satisfy any legal requirement that a communication be in writing.
6. Consultants
Some families use ArtsCompass with an independent college or dance consultant ("Consultant"). Consultants are independent third parties. They are not our employees, agents, partners or representatives, and we do not supervise, control, certify or endorse their advice, qualifications, fees or conduct.
- Their advice is theirs. Recommendations, school lists, notes, priorities and other guidance from a Consultant are that Consultant's own, even when you see them inside ArtsCompass. We are not responsible for them.
- Your agreement with them is separate. Any fee, contract or promise between you and a Consultant is between you and that Consultant. We are not a party to it, and we are not responsible for any dispute arising from it.
- Sharing with your Consultant. When a Consultant or a Consultant's practice manages your family's workspace, you authorize us to make your family's information available to that Consultant and to authorized members of the same practice, as described in the Privacy Policy. If you stop working with a Consultant, tell us or the Consultant, and we will end that Consultant's access.
7. AI features
Some features use artificial intelligence, for example the essay coach, which asks questions and points to passages, and the résumé assistant, which suggests wording and formatting. AI output can be inaccurate, incomplete or inappropriate. Treat it as a suggestion, and review it yourself before you use it.
- Your application must be your own work. Schools require that essays and other materials be the applicant's own. Our AI features are designed not to write essays for you. You are solely responsible for complying with every school's rules on authorship, originality and use of AI, and for everything you submit.
- Do not rely on AI for facts. AI output is not verified information about any school.
- We describe what we send to AI providers, and what we do not use your content for, in the Privacy Policy.
8. Your content
8.1 You own it
"Your Content" means anything you or your dancer put into the Service: profiles, résumés, essays and drafts, comments, notes, photos, headshots, documents, links, offers, and similar material. You keep all ownership rights in Your Content.
8.2 The permission you give us
You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, format and display Your Content only as needed to operate, secure, support and improve the Service for you, including showing it to the people you or your family account authorize (such as your family members, your Consultant, or a reviewer to whom you send a review link), and sending it to our service providers as described in the Privacy Policy. This license ends when Your Content is deleted from the Service, except for copies in routine backups that are deleted on their normal schedule, or as required by law. We will not publish Your Content or use it in advertising.
8.3 Your responsibilities
You represent that you have the rights and permissions needed to upload Your Content and to let us use it as described, including permission from anyone who appears in a photo or video, and any rights needed for music used in a video. Do not upload anyone else's private information without their permission. You are responsible for Your Content and for backing up anything important to you.
8.4 Sharing links
Some features let you create a link that lets someone without an account view or comment on a draft. Anyone who has the link can use it until you turn it off. You decide who receives such links, and you are responsible for sharing them carefully.
8.5 Feedback
If you send us suggestions, corrections or other feedback, we may use them without any obligation to you.
9. Acceptable use
You agree not to, and not to help anyone else to:
- copy, scrape, crawl, harvest, download in bulk, or systematically extract the Service's database or content, by automated means or otherwise, or use it to build or improve a competing product or dataset;
- resell, sublicense, publish or commercially redistribute information from the Service, except that a Consultant may use it to advise the Consultant's own clients under the Consultant Terms;
- access another person's account or information without authorization, or probe, scan or test the Service's security without our written permission;
- reverse engineer, decompile, or bypass any access control, rate limit or security feature of the Service, except where the law allows it despite this restriction;
- upload malware, or interfere with or overload the Service;
- upload content that is unlawful, defamatory, harassing, sexually explicit, or that infringes anyone's rights, or any sexual or exploitative content involving a minor, which we will report to law enforcement;
- impersonate anyone, or misrepresent your relationship with a school, a Consultant or ArtsCompass; or
- use the Service in violation of any law, or of any school's rules for its application process.
10. Our content and database
The Service, including its software, design, text, help articles, and the selection, arrangement, structure, labeling and verification of its program database, belongs to us and our licensors and is protected by intellectual property laws. Facts about schools are not ours, but our compilation of them is. Subject to these Terms, we give you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service for your family's own non-commercial planning, or, for Consultants, as the Consultant Terms allow. We reserve all rights not expressly granted.
If you believe content in the Service infringes your copyright, or is inaccurate about you or your organization, see the corrections and copyright process in our Data Sources & Accuracy statement.
11. Fees and subscriptions
Parts of the Service may be offered free of charge, including during early access. We may begin charging for the Service, or change what is free, in the future. We will not charge you unless you first agree to a price.
If you buy a paid plan, the price, billing period, renewal terms and cancellation method will be shown to you before you buy, and those purchase terms become part of these Terms. Unless the purchase terms say otherwise: paid plans renew automatically until you cancel; you can cancel online at any time, effective at the end of the current billing period; fees already paid are not refundable except where the law requires otherwise; you are responsible for applicable taxes; and we will give you advance notice of any price change, which takes effect at your next renewal. If a Consultant charges you for their own services, those fees are between you and the Consultant.
12. Third-party services and links
The Service links to, embeds, or connects with third-party websites and services, such as school websites, video hosts, map services and Google Drive. We do not control them and are not responsible for their content, availability, accuracy, privacy practices or terms. Your use of them is at your own risk and under their terms.
13. Privacy
Our Privacy Policy explains how we collect, use and protect personal information, including a dancer's. By using the Service, you agree that we may handle information as that policy describes.
14. Suspension and termination
You may stop using the Service at any time and may ask us to close your account. We may suspend or end your access, with or without notice, if we reasonably believe you have broken these Terms, created risk or legal exposure for us or others, or if we stop offering the Service. We may change, suspend or discontinue any part of the Service at any time. If we discontinue the Service as a whole, we will try to give reasonable notice so you can save a copy of Your Content. Sections that by their nature should survive termination will survive, including Sections 3, 4 and 8.5, and Sections 10 and 15 through 21.
15. Disclaimer of warranties
To the fullest extent permitted by law, the Service and all information, content, AI output and materials in it are provided "as is" and "as available," with all faults and without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, timeliness, and quiet enjoyment, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, secure or error-free, that information in it is accurate, complete or current, that defects will be corrected, or that any content will be preserved without loss. We do not warrant any result of using the Service, including any admission, audition, scholarship, or financial outcome.
Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
16. Limitation of liability
To the fullest extent permitted by law, Ypaty Labs, ArtsCompass, and our affiliates, successors, owners, members, managers, officers, employees, contractors, agents and licensors (the "ArtsCompass Parties") will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of opportunity, admission, audition, placement, scholarship, financial aid, tuition, fees, travel or other expenses, profits, revenue, goodwill or data, arising out of or relating to the Service, these Terms, any information in the Service, any AI output, or any conduct or advice of a Consultant, school or other third party, whether based in contract, tort (including negligence), warranty, statute or any other theory, and even if we were told such damages were possible.
To the fullest extent permitted by law, the ArtsCompass Parties' total liability for all claims arising out of or relating to the Service or these Terms is limited to the greater of (a) the amount you paid us for the Service in the 12 months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
These limitations apply even if a limited remedy fails of its essential purpose. They are an essential part of the bargain between us, and we could not offer the Service on these terms without them. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, such as liability for our own fraud, our willful misconduct, or, where the law so provides, our gross negligence.
17. Release and indemnity
17.1 Release
Your dealings with Consultants, schools, reviewers, other users and other third parties are solely between you and them. To the fullest extent permitted by law, you release the ArtsCompass Parties from all claims, demands and damages of every kind, known and unknown, arising out of or connected with any dispute with such third parties. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any similar law of any other jurisdiction.
17.2 Indemnity
To the fullest extent permitted by law, you will defend, indemnify and hold harmless the ArtsCompass Parties from and against all third-party claims, and related losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees), arising out of or relating to: Your Content; your or your dancer's use or misuse of the Service; your violation of these Terms or of anyone's rights; or your dealings with a Consultant or other third party. We may take control of the defense of any claim at our expense, and you will cooperate with us. You may not settle a claim that affects us without our written consent.
18. Dispute resolution and arbitration
18.1 Try to resolve it informally first
Before starting arbitration or a court case, you and we each agree to send the other a written notice describing the dispute and the relief requested. Send yours to [email protected]; we will send ours to the email on your account. If the dispute is not resolved within 60 days after the notice is received, either party may begin arbitration. Any deadline for bringing a claim is paused during this 60-day period.
18.2 Agreement to arbitrate
Except as stated in Section 18.4, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service, including disputes about the scope, validity or enforceability of this agreement to arbitrate, will be resolved by final and binding individual arbitration and not in court. This agreement is governed by the Federal Arbitration Act.
18.3 How arbitration works
The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by this Section, before a single arbitrator. It will take place in the county where you live, or, at your choice, by video or by written submissions. For claims within the AAA's consumer fee schedule, we will pay all filing, administration and arbitrator fees beyond the amount you would pay to file a claim in court, unless the arbitrator finds your claim frivolous. The arbitrator may award the same individual relief a court could, but only to you individually and only to the extent needed to resolve your individual claim.
18.4 Exceptions
Either party may (a) bring an individual claim in small claims court if it qualifies; or (b) ask a court for an injunction to stop infringement or misuse of intellectual property, or unauthorized access to or scraping of the Service. Claims for public injunctive relief that the law does not allow to be waived will be decided by a court, after all arbitrable claims are resolved, and are paused until then.
18.5 Class action and jury trial waiver
You and we each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims of more than one person or preside over any class or representative proceeding. You and we each waive the right to a jury trial.
If this class action waiver is found unenforceable for a particular claim, that claim (and only that claim) will be severed and decided in court, and the rest will still be arbitrated.
18.6 Mass filings
If 25 or more similar demands for arbitration are filed against us by the same or coordinated counsel, they will be administered in batches of up to 25 demands, one batch at a time, with one arbitrator per batch, and fees will be charged per batch to the extent the AAA's rules allow. The statute of limitations for demands awaiting their batch is paused. This does not prevent anyone from bringing an individual claim in small claims court.
18.7 Time limit
To the extent permitted by law, any claim must be brought within one year after it arose; otherwise it is permanently barred.
18.8 Your right to opt out
You may opt out of this agreement to arbitrate by emailing [email protected] within 30 days after you first accept these Terms, with the subject line "Arbitration opt-out" and your name and account email. Opting out does not affect any other part of these Terms. If you opt out, Section 19 decides where disputes are heard.
18.9 Changes to this Section
If we change this Section 18, the change will not apply to a dispute that arose before the change, unless you agree.
19. Governing law
These Terms are governed by the laws of the State of California and applicable U.S. federal law, without regard to conflict-of-law rules. Subject to Section 18, any claim not subject to arbitration will be brought exclusively in the state or federal courts located in California, and you and we consent to their personal jurisdiction. If you are a consumer, this does not take away any protection given to you by the mandatory laws of the place where you live.
20. Changes to these Terms
We may update these Terms. If a change is material, we will tell you in advance, by email or in the Service, and we may ask you to accept the updated Terms before you continue using the Service. The "Effective" date at the top shows when these Terms last changed. If you do not agree to a change, stop using the Service and ask us to close your account. Continuing to use the Service after a change takes effect means you accept it.
21. General
- Entire agreement. These Terms, with the documents they reference, are the entire agreement between you and us about the Service and replace any earlier agreement on that subject.
- Assignment. You may not assign these Terms without our written consent. We may assign or transfer these Terms, and your account and information, to an affiliate or to a successor in connection with a reorganization, merger, acquisition, sale of assets, or the formation of a separate company to operate ArtsCompass. The Privacy Policy continues to protect your information after any such transfer.
- Severability. If any provision is found unenforceable, it will be enforced to the maximum extent permitted, and the rest of these Terms will remain in effect.
- No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
- Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including outages of hosting, network or other service providers.
- No third-party beneficiaries. These Terms do not give rights to anyone other than you and us, except that the ArtsCompass Parties may rely on Sections 15 through 17.
- Relationship. Nothing in these Terms creates a partnership, joint venture, employment, agency or fiduciary relationship between you and us.
- Headings are for convenience only. "Including" means "including without limitation."
- California consumers. Under California Civil Code Section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
22. Contact
Questions about these Terms: [email protected].