1. Introduction
These Terms and Conditions ("Terms") govern your access to and use of the Mr Charles platform ("Platform"), including our website at mrcharles.app, the web application at app.mrcharles.app, and any associated mobile applications (collectively, the "Services").
The Platform is operated by Mr Charles OÜ, a private limited company registered in the Republic of Estonia (registry code: [pending registration]), with its registered office at Tallinn, Harju maakond, Republic of Estonia ("Company", "we", "us", or "our").
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services.
2. Definitions
- "User" means any individual who creates an account and uses the Platform, whether as a Student, Instructor, or Studio.
- "Student" means a User who uses the Platform to search for, book, and attend music lessons.
- "Instructor" means a User who offers music instruction services through the Platform.
- "Studio" means a business entity that lists physical music rooms or spaces on the Platform.
- "Booking" means an arrangement for a music lesson between a Student and an Instructor facilitated through the Platform.
- "Content" means any text, images, audio, video, recordings, reviews, or other material uploaded to or generated on the Platform.
- "Platform Fee" means the service fee charged by the Company to Instructors for completed Bookings.
3. Eligibility and Account Registration
To use the Services, you must be at least 18 years of age, or at least 16 years of age with parental or guardian consent in accordance with applicable law. By registering, you represent that you meet this eligibility requirement.
You must provide accurate, current, and complete information during registration and keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You must not create multiple accounts, share your account credentials, or allow others to access your account. You must notify us immediately at [email protected] if you suspect unauthorised access to your account.
4. Platform Services
4.1 Marketplace Role
Mr Charles operates as an online marketplace that connects Students with Instructors and Studios. We are not a party to the agreements between Students and Instructors. We do not employ Instructors, nor do we provide music instruction services directly.
4.2 Booking and Scheduling
Students may browse Instructor profiles, view availability, and book lessons through the Platform. Bookings are subject to the Instructor's availability and acceptance. A confirmed Booking constitutes a binding agreement between the Student and the Instructor.
4.3 Instructor Listings
Instructors are responsible for the accuracy of their profiles, including their qualifications, experience, instruments taught, rates, and availability. Instructors must maintain their listing information in an accurate and up-to-date manner.
5. Payments
5.1 Payment Processing
All payments are processed through our third-party payment processor. The Company does not store credit card numbers, CVCs, or other sensitive payment card data on its servers. All payment transactions are encrypted and processed in compliance with PCI DSS standards.
5.2 Student Payments
Students pay the lesson price set by the Instructor at the time of booking. The Platform is free to use for Students — there are no subscription fees, sign-up fees, or hidden charges. Students are charged only for the lessons they book.
5.3 Instructor Earnings and Payouts
Instructors receive payment for completed lessons after the deduction of the Platform Fee. Payouts are processed automatically to the Instructor's designated bank account. Instructors are responsible for providing accurate banking information. Payout timing depends on the payment processor's schedule.
Earnings accumulated on the Platform may only be withdrawn to the Instructor's external bank account. Earnings cannot be used as internal credit, transferred to other Users, or spent within the Platform.
5.4 Platform Fee
The Company charges Instructors a service fee (Platform Fee) calculated as a percentage of each completed lesson. The current Platform Fee rate is displayed in the Instructor dashboard and may be updated with reasonable notice. Instructors are not charged monthly subscriptions or listing fees.
6. Cancellations and Refunds
Cancellations made more than 24 hours before the scheduled lesson will receive a full refund. Cancellations made within 24 hours of the lesson are subject to the Instructor's individual cancellation policy, as displayed on their profile.
Rescheduling is subject to the Instructor's availability. The Company reserves the right to mediate disputes between Students and Instructors regarding cancellations and refunds.
7. User Conduct
You agree not to:
- Use the Platform for any unlawful purpose or in violation of these Terms;
- Provide false, misleading, or inaccurate information;
- Impersonate any person or entity;
- Harass, abuse, threaten, or intimidate other Users;
- Upload Content that is defamatory, obscene, infringing, or otherwise objectionable;
- Attempt to circumvent the Platform's payment system or arrange off-platform payments to avoid Platform Fees;
- Reverse-engineer, decompile, or otherwise attempt to extract the source code of the Platform;
- Use automated systems (bots, scrapers) to access the Platform without prior written consent;
- Interfere with the Platform's security, integrity, or performance.
8. Content and Intellectual Property
8.1 Your Content
You retain ownership of the Content you upload to the Platform. By uploading Content, you grant the Company a non-exclusive, worldwide, royalty-free licence to use, display, reproduce, and distribute such Content solely for the purpose of operating and promoting the Platform.
8.2 Platform Intellectual Property
The Platform, including its design, logos, graphics, code, and underlying technology, is the intellectual property of Mr Charles OÜ or its licensors and is protected by copyright, trademark, and other intellectual property laws of the Republic of Estonia and the European Union.
9. Privacy and Data Protection
Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, store, and protect your personal data in accordance with the General Data Protection Regulation (GDPR) (EU) 2016/679 and the Estonian Personal Data Protection Act (Isikuandmete kaitse seadus).
10. Limitation of Liability
To the maximum extent permitted by applicable law, Mr Charles OÜ shall not be liable for:
- The quality, safety, or legality of the instruction services provided by Instructors;
- The accuracy of Instructor profiles, qualifications, or reviews;
- Any direct, indirect, incidental, consequential, or punitive damages arising from your use of or inability to use the Platform;
- Any loss or damage arising from unauthorised access to your account due to your failure to maintain the security of your credentials;
- Any disputes between Students and Instructors.
Our total aggregate liability to you for any claim arising from or related to these Terms or the Services shall not exceed the total amount of fees paid by you to the Company in the twelve (12) months preceding the claim.
11. Indemnification
You agree to indemnify, defend, and hold harmless Mr Charles OÜ, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Platform, your violation of these Terms, or your violation of any rights of a third party.
12. Suspension and Termination
We reserve the right to suspend or terminate your account at our discretion, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or pose a risk to other Users or the Platform.
You may terminate your account at any time by contacting us at [email protected]. Upon termination, your right to use the Services ceases immediately. Any outstanding Bookings will be handled in accordance with our cancellation policy.
13. Dispute Resolution
Any disputes arising from or relating to these Terms or the Services shall first be addressed through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, it shall be submitted to the Consumer Disputes Committee of the Estonian Consumer Protection and Technical Regulatory Authority (Tarbijavaidluste komisjon) or resolved in the courts of the Republic of Estonia, with the Harju County Court (Harju Maakohus) having jurisdiction.
European Union residents may also submit complaints through the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr .
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict of law principles. This does not affect your rights as a consumer under the mandatory consumer protection laws of your country of residence within the European Union.
15. Changes to These Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated to registered Users via email or through a notice on the Platform at least thirty (30) days before they take effect. Your continued use of the Services after such changes constitutes acceptance of the modified Terms.
16. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
17. Entire Agreement
These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Mr Charles OÜ regarding your use of the Services and supersede all prior agreements, understandings, and communications, whether written or oral.
18. Contact Information
If you have questions about these Terms, please contact us:
- Company: Mr Charles OÜ
- Email: [email protected]
- Address: Tallinn, Harju maakond, Republic of Estonia