1. Scope and contracting parties
(1) These Terms of Service govern all contracts for the use of the Dance Master Pro software between
FCO S.R.L., Via 2 Giugno 4, 23883 Brivio (LC), Italy
Legal representative: Fabio Carvelli, sole director
Chamber of Commerce of Como-Lecco, REA no. LC-434268
VAT identification number IT04295170130
— the “Provider” — and the customer.
(2) The service is offered exclusively to businesses, legal entities under public law and public-law special funds, in particular dance schools, dance studios, associations and comparable organisations. Contracts with consumers are excluded.
(3) By placing an order the customer confirms that it is entering into the contract in the course of its commercial or independent professional activity. The Provider may request evidence of this and may reject an order where such evidence is not provided.
(4) Any deviating, conflicting or supplementary terms of the customer do not form part of the contract unless the Provider has expressly agreed to them in text form.
2. Subject matter
(1) The Provider makes Dance Master Pro available over the internet as cloud-based software (Software as a Service). The software supports the administration of dance schools, in particular pupil and membership administration, class and room scheduling, attendance, teaching staff, payments and invoicing, events, and a portal for families.
(2) The scope of the service follows from the description published on the Provider’s website at the time the contract is concluded and from the licence selected.
(3) Permanent transfer of the software and disclosure of its source code are not part of this contract.
(4) The Provider does not owe any adaptation of the software to the customer’s individual requirements unless separately agreed.
3. Conclusion of contract
(1) The presentation of the services on the website is not a binding offer but an invitation to submit one.
(2) By submitting an order the customer makes a binding offer. The contract is concluded when the Provider confirms the order in text form or supplies the access credentials.
(3) The Provider stores the contract text. These Terms can be accessed and saved at any time at https://dancemasterpro.com/en/terms-of-service-e-privacy-policy/.
(4) The contract is concluded in German or English.
4. The Provider’s services
(1) The Provider makes the software available over the internet. The point of delivery is the router output of the data centre. The Provider is not responsible for the connection between that point and the customer’s systems.
(2) The Provider endeavours to keep the software continuously available. It operates the software in a data centre in Frankfurt am Main, Germany, and monitors availability and system health on an ongoing basis.
(3) Availability does not cover periods in which the software is unavailable due to maintenance, necessary security updates, or circumstances outside the Provider’s control. Planned maintenance is carried out outside normal business hours where possible and announced in advance where reasonable.
(4) The Provider offers support by email and through the channels listed on its website. A specific response time is owed only where separately agreed.
(5) The Provider may further develop and adapt the software, in particular to reflect technical progress or changed legal requirements. The contractually owed functionality may not be materially reduced as a result.
5. The customer’s obligations
(1) The customer administers its own user accounts. It assigns roles and permissions, keeps credentials confidential, and revokes access without delay when a member of staff leaves.
(2) The customer is responsible for the content and data it enters into the software. It ensures that it is entitled to have that data processed and that any legally required consents are in place — for instance before publishing images and videos.
(3) The customer shall not misuse the software, in particular shall not upload unlawful content and shall not take any action liable to impair the availability or security of the software or of other customers.
(4) The customer indemnifies the Provider against third-party claims arising from unlawful use of the software by the customer or persons attributable to it, including reasonable costs of legal defence. This does not apply where the customer is not responsible for the infringement.
(5) The customer informs the Provider without delay if it has any indication that its credentials are being used without authorisation.
6. Prices, invoicing and payment
(1) The prices shown on the website at the time of the order apply. All prices are exclusive of value added tax where such tax is chargeable.
(2) For customers established in another Member State of the European Union, the reverse charge procedure applies where a valid VAT identification number is provided. The customer must state its VAT identification number when ordering and notify any change without delay. The Provider verifies the validity of the number; if it is not valid, VAT is charged.
(3) Payment is made using the methods offered during the ordering process. Payments are processed by Stripe, whose terms additionally apply to the payment transaction.
(4) Invoices are issued electronically. The customer consents to electronic invoicing.
(5) If the customer is in default of payment, the Provider may charge default interest at the statutory rate. After an unsuccessful reminder setting a reasonable deadline, the Provider may suspend access to the software. The obligation to pay for the current billing period remains unaffected. The customer has no right to a reduction during a justified suspension.
(6) Before suspending access for non-payment, the Provider notifies the customer in text form and allows an opportunity to export the data.
(7) The customer may set off only claims that are undisputed or have been finally determined by a court.
7. Term and termination
(1) The contract is concluded for the period selected at the time of ordering.
(2) The contract does not renew automatically. At the end of the booked period access to the software ends unless the customer books a new period.
(3) The right of either party to terminate for good cause remains unaffected. Good cause exists for the Provider in particular where the customer, despite warning, substantially breaches clause 5.
(4) Notice of termination must be given in text form.
8. Data export, retention and deletion
(1) The customer may export its data at any time during the term in a common, machine-readable format.
(2) When the contract ends, access to the software is blocked. The data then remains in a blocked state for 30 days, during which the customer may complete an outstanding export or resume the contract.
(3) After that period the data is returned or permanently deleted at the customer’s choice. If the customer makes no choice, the data is deleted. Details are set out in the Data Processing Agreement.
(4) Statutory retention obligations. The customer is itself responsible for securing, in good time before deletion, any records it is required to retain under commercial and tax law — in Germany in particular under § 147 AO and § 257 HGB, and under the corresponding provisions of its own jurisdiction. This concerns invoices and payment records above all. The Provider draws attention to this obligation before blocking access and provides the necessary export functions, but does not owe retention beyond the period stated in paragraph 2.
(5) Documents that the customer stores in its own cloud storage through a connection it has established — in particular invoice PDFs, medical certificates, photos and videos — reside solely in the customer’s own environment and are not affected by deletion.
9. Rights of use
(1) The Provider grants the customer, for the term of the contract, the non-exclusive, non-transferable right to use the software over the internet within the agreed scope.
(2) The customer may not copy, modify, reverse engineer or make the software available to third parties, except where this is permitted by mandatory law.
(3) All rights in the software, its source code, its documentation and the Provider’s trade marks and signs remain with the Provider.
(4) The customer’s data remains the customer’s. The Provider acquires no rights in it and uses it solely to provide the contractual service. It is not used for the Provider’s own purposes, not disclosed, and not used to train artificial intelligence models.
10. Data protection
(1) Where the Provider processes personal data on the customer’s behalf, the Data Processing Agreement under Art. 28 GDPR applies in addition and forms part of this contract.
(2) The technical and organisational measures are published at https://dancemasterpro.com/en/technical-organisational-measures/ and the subprocessors engaged at https://dancemasterpro.com/en/subprocessors/.
(3) The customer is the controller within the meaning of the GDPR for the personal data it processes.
11. Warranty
(1) The Provider warrants that the software has the agreed characteristics during the term of the contract. Immaterial deviations are disregarded.
(2) The customer shall report defects in text form without delay after discovering them, with a comprehensible description.
(3) Strict liability for defects existing at the time the contract was concluded (§ 536a(1) first alternative of the German Civil Code) is excluded.
12. Liability
(1) The Provider is liable without limitation
a) for intent and gross negligence,
b) for damage arising from injury to life, body or health,
c) under any guarantee given,
d) under product liability legislation.
(2) In cases of slight negligence the Provider is liable only for breach of a material contractual obligation, that is an obligation whose fulfilment makes proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In such cases liability is limited to the foreseeable damage typical for this type of contract.
(3) Liability is otherwise excluded.
(4) Liability for loss of data is limited to the effort that would have been required to restore it had the customer carried out proper and regular data backups.
(5) The above limitations also apply in favour of the Provider’s legal representatives, employees and agents.
(6) The above provisions do not alter the burden of proof to the customer’s detriment.
13. Force majeure
Events of force majeure which substantially impede or prevent performance entitle the Provider to postpone performance for the duration of the impediment. These include in particular natural events, industrial action, acts of public authorities, large-scale disruption of the internet, and failures of inputs for which the Provider is not responsible. If the impediment lasts more than two months, either party may terminate the contract.
14. Changes to these Terms
(1) The Provider may amend these Terms where necessary to reflect changed legal requirements, technical developments or an extension of the services offered, and where the customer is not thereby unreasonably disadvantaged.
(2) Changes are notified to the customer in text form at least six weeks before they take effect. If the customer does not object within six weeks of receipt, the changes are deemed accepted; the Provider will draw attention to this effect separately in the notice. If the customer objects, either party may terminate the contract with effect from the date the change takes effect.
15. Final provisions
(1) The law of the Italian Republic applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Lecco, Italy, where the customer is a merchant, a legal entity under public law or a public-law special fund.
(3) Mandatory provisions of data protection law, in particular the GDPR, remain unaffected.
(4) Amendments and supplements to this contract require text form. This also applies to any waiver of this form requirement.
(5) The customer may transfer rights and obligations under this contract to third parties only with the Provider’s prior consent in text form.
(6) Should any provision of these Terms be or become invalid, the validity of the remaining provisions is unaffected.
16. Consumer dispute resolution
The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 of the German VSBG). This notice is given as a precaution; the service is offered exclusively to businesses (clause 1(2)).
17. Contact
FCO S.R.L. · Via 2 Giugno 4, 23883 Brivio (LC), Italy
Email: info@dancemasterpro.com · Telephone: +39 333 5457635
Data protection: privacy@dancemasterpro.com · Security: security@dancemasterpro.com
Further details are set out in our Legal Information.