Terms of service.
1. Definitions
"the Agency" means Gloria Skye Fittipaldi trading as Instrumental Creative Agency (ABN 86 491 060 017)
"Customer" or "Member" means the party subscribing to the Agency's services via Patreon
"Service" means the monthly music curation subscription service provided via Patreon, including curated playlists and related content
"Playlist" means a curated collection of music tracks organized by theme and delivered monthly
2. Description of Service
2.1. The Agency provides a monthly subscription service delivering curated music recommendations organized into playlists designed for Pilates, yoga, and movement classes.
2.2. Each month, Members receive:
Three (3) themed playlists (Soft, Ignite, Flow Disco)
Detailed track information including artist, album, and BPM
Curation notes and energy mapping insights
Convenient streaming links to Spotify and Apple Music
2.3. The Service is a music curation and discovery service. The Agency provides expert recommendations and track information; it does not provide music files, licenses, or authorize commercial use of music.
3. Subscription & Payment Terms
3.1. The Service is offered on a monthly subscription basis via Patreon at the rate of AUD $15 per month (subject to change with notice).
3.2. All prices quoted are in Australian Dollars (AUD).
3.3. Payment is processed automatically by Patreon according to the Member's billing cycle.
3.4. The Agency is presently not registered for GST. However, in the event that GST registration is required, all charges and prices will become subject to GST and may be increased accordingly. Members will be notified of any changes.
3.5. Subscription fees are non-refundable except as required by Australian Consumer Law or as specified in Section 5 (Refund Policy).
3.6. The Agency reserves the right to change subscription pricing with thirty (30) days' notice to existing Members. Current Members will have the option to lock in their existing rate or cancel their subscription.
4. Free Trial Period
4.1. New Members may access a 7-day free trial before being charged.
4.2. Members may cancel during the trial period without charge.
4.3. After the trial period ends, the Member's payment method will be charged automatically unless the subscription is cancelled.
5. Refund & Cancellation Policy
5.1. Trial Period Refunds: Members may cancel within the 7-day trial period for a full refund of any charges.
5.2. Post-Trial Refunds: After the trial period, subscription fees are non-refundable due to the immediate delivery of digital content. This policy is subject to Australian Consumer Law.
5.3. Cancellation: Members may cancel their subscription at any time through their Patreon account. Cancellation will take effect at the end of the current billing period.
5.4. Access After Cancellation: Upon cancellation, Members will lose access to future monthly playlists and any playlists subject to the 2-month rotation policy (see Section 6). Members may retain access to playlists they have personally saved to their Spotify or Apple Music libraries while those playlists remain active on those platforms.
5.5. If there are any issues with the Service, Members are encouraged to contact the Agency at instrumentalcreative@gmail.com. The Agency will make reasonable efforts to address concerns.
6. Content Delivery & Availability
6.1. New playlists are delivered on or around the 1st of each month via the Member's Patreon feed.
6.2. The Agency operates a 2-month rotation policy: playlists remain active and accessible for two (2) months from their initial publication date, after which they may be removed from streaming platforms.
6.3. Active Members have access to the current month's playlists plus the previous month's playlists (eight playlists total at any given time).
6.4. Playlists are delivered via third-party platforms (Patreon, Spotify, Apple Music). The Agency is not responsible for:
Changes to third-party platform policies or availability
Technical issues with third-party platforms
Removal or unavailability of specific tracks due to licensing changes by rights holders
Changes to streaming platform terms of service
6.5. The Agency reserves the right to modify, substitute, or update tracks within playlists at its discretion to maintain quality and compliance with platform requirements.
7. Music Licensing & Commercial Use
CRITICAL: Member Responsibilities
7.1. The Agency provides music curation and discovery services only. The Agency does NOT:
Provide music licenses
Authorize commercial use of music
Grant permission to use music in commercial settings
Assume any responsibility for Members' compliance with music licensing laws
7.2. Members are solely responsible for obtaining appropriate licenses if they intend to use any recommended music in a commercial setting (including but not limited to fitness studios, yoga studios, wellness centers, or any venue where classes are offered for payment).
7.3. In Australia and most countries, commercial use of music requires performance licenses from regulatory bodies such as:
APRA AMCOS (Australia)
ASCAP, BMI, SESAC (United States)
Equivalent organizations in other jurisdictions
7.4. Streaming platform terms: The Member acknowledges that Spotify, Apple Music, and other streaming services have their own terms of service, some of which may prohibit commercial use of their platforms. The Member is solely responsible for reviewing and complying with these terms.
7.5. The Member warrants that they will not use any curated playlists or recommended music without obtaining appropriate licenses as required by law and third-party platform terms.
7.6. The Agency expressly disclaims all liability for any claims, damages, fines, or legal action arising from the Member's:
Use of music without appropriate licenses
Violation of streaming platform terms of service
Failure to comply with music licensing laws in their jurisdiction
8. Indemnification
8.1. The Member irrevocably agrees to indemnify and hold harmless the Agency, its directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from:
The Member's use of playlists or recommended music
The Member's failure to obtain appropriate music licenses
The Member's violation of third-party platform terms of service
Any misuse of the Service by the Member
Any breach of these Terms by the Member
9. Intellectual Property
9.1. All content created by the Agency, including but not limited to:
Playlist curation and sequencing
Track selection and organization
Curation notes and energy mapping insights
BPM analysis and recommendations
Branding, design, and written content
...is the intellectual property of the Agency and is protected by copyright law.
9.2. Members are granted a non-exclusive, non-transferable license to access and use the Service for personal or business use in accordance with these Terms.
9.3. Members may not:
Resell, redistribute, or commercially exploit the Agency's curated playlists
Copy, reproduce, or republish the Agency's curation notes, track lists, or proprietary content without permission
Claim the Agency's curation work as their own
Share Member-only content with non-Members
9.4. The Agency respects the intellectual property rights of others. All music recommended is owned by the respective artists and rights holders. The Agency does not claim ownership of any music tracks.
10. Testimonials & Marketing
10.1. By providing feedback, testimonials, or reviews to the Agency, the Member grants the Agency permission to use such content for marketing and promotional purposes.
10.2. The Agency may feature Member testimonials on its website, social media, and marketing materials unless the Member explicitly requests otherwise.
11. Limitation of Liability
11.1. To the fullest extent permitted by law, the Agency's total liability for any claims arising from or related to the Service shall not exceed the total amount paid by the Member in the twelve (12) months preceding the claim.
11.2. The Agency makes no guarantee or warranties, either express or implied, beyond those required by Australian Consumer Law, including but not limited to:
The suitability of playlists for any particular purpose
The availability or continued availability of specific tracks
Uninterrupted or error-free service delivery
Compatibility with all devices or platforms
11.3. The Agency shall not be liable for:
Any indirect, incidental, consequential, or punitive damages
Loss of profits, revenue, data, or business opportunities
Technical issues with third-party platforms (Patreon, Spotify, Apple Music)
Changes or removals of tracks due to rights holder decisions
11.4. The Agency shall be under no liability if unable to carry out any provision of this agreement due to circumstances beyond its reasonable control, including but not limited to:
Third-party platform outages or policy changes
Natural disasters, pandemics, or other force majeure events
Changes in music licensing regulations or availability
12. Australian Consumer Law
12.1. Nothing in these Terms excludes, restricts, or modifies any consumer rights or remedies under the Australian Consumer Law (ACL) or other applicable consumer protection legislation that cannot be excluded, restricted, or modified by agreement.
12.2. If the ACL or other applicable law implies a condition or warranty into these Terms, the Agency's liability for breach of such condition or warranty is limited (at the Agency's option) to:
Supplying the services again; or
Paying the cost of having the services supplied again.
13. Privacy & Data Security
13.1. The Agency collects and processes personal information in accordance with applicable privacy laws. For details, please refer to our Privacy Policy [link to be added].
13.2. Payment Information: The Agency does not store or have access to Members' credit card or payment information. All payments are processed securely by Patreon and are subject to Patreon's terms and privacy policy.
13.3. Third-Party Platforms: By using the Service, Members acknowledge that their data may be processed by third-party platforms (Patreon, Spotify, Apple Music) in accordance with those platforms' privacy policies.
14. Changes to Terms & Service
14.1. The Agency reserves the right to modify these Terms and Conditions at any time.
14.2. Members will be notified of any material changes via email or Patreon announcement at least fourteen (14) days before changes take effect.
14.3. Continued use of the Service after notification constitutes acceptance of the updated Terms.
14.4. The Agency reserves the right to modify, suspend, or discontinue the Service (or any part thereof) at any time with reasonable notice to Members.
15. Termination
15.1. The Agency reserves the right to suspend or terminate a Member's access to the Service at any time if the Member:
Violates these Terms and Conditions
Engages in fraudulent or abusive behavior
Shares Member-only content with non-Members
Uses the Service in a manner that infringes on the rights of others
15.2. Upon termination, the Member's access to future playlists will cease immediately, and no refunds will be provided for any remaining subscription period.
SECTION 16:
16. Governing Law & Jurisdiction
16.1. These Terms and Conditions are governed by the laws of Victoria, Australia.
16.2. Any disputes arising from these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.
17. Contact Information
If you have any questions about these Terms and Conditions, please contact:
Instrumental Creative Agency
Email: instrumentalcreative@gmail.com
ABN: 86 491 060 017