Terms and Conditions

1. What Twyla provides

Twyla is a software-as-a-service platform that helps dance, performing-arts and movement studios (Studios) manage enquiries, enrolments, class scheduling, attendance, communications and billing, and provides parents and guardians with a portal for viewing family information and managing permitted account, contact, preference and payment-method details.

Twyla provides software and related support. A Studio remains responsible for providing its classes and services and for its relationship with students, parents and guardians.

2. Studios have their own payment facilities

Each Studio that enables integrated member payments must separately apply for and be approved for its own merchant facility with Fat Zebra Pty Ltd (ACN 154 014 785) (Fat Zebra). Approval is determined by Fat Zebra and any relevant financial institution, not Twyla.

The Studio is the merchant for class, program and other member charges made through that facility. The Studio sets its prices, billing schedules, refund and cancellation policies and is responsible for compliance with consumer law in its dealings with members. Twyla supplies the Platform integration and does not become the provider of the Studio's classes or a party to the Studio's enrolment agreement with a member.

This is separate from the subscription fee a Studio pays Twyla for use of the Platform. Twyla is the merchant for its own subscription charges and may use its own separate Fat Zebra facility for those charges.

3. Payments and direct debit

Where a Studio enables card or direct-debit payments, a member supplies payment details through a secure Fat Zebra-hosted capture process. Fat Zebra provides Twyla with a token or reference; Twyla does not receive or store the full card number, CVV or bank-account number entered into that hosted process.

A member's card or direct-debit arrangement for Studio fees is with the relevant Studio, using the Studio's merchant facility. The Direct Debit Request and Service Agreement shown when bank details are provided governs that arrangement, including debit notices, disputes, changes and cancellation rights.

A Studio's payment arrangement for Twyla subscription fees is separate and may be governed by a separate subscription Direct Debit Request and Service Agreement with Twyla.

4. Accounts and acceptable use

You must:

• provide accurate, current information and keep it reasonably up to date;
• keep login credentials and access links secure and promptly report suspected compromise;
• use the Platform only for lawful Studio, family or account purposes;
• respect access controls and the privacy and safety of children and other users; and
• follow reasonable security and operational instructions we provide.

You must not:

• submit fraudulent enrolment, identity or payment information;
• access another Studio's or family's information without authority;
• circumvent security, payment-provider or consent controls;
• upload unlawful, harmful, infringing or malicious content; or
• interfere with, scrape, reverse engineer or overload the Platform except where applicable law expressly permits it.

5. Studio responsibilities

Each Studio is responsible for:

• the accuracy, lawfulness and quality of information it enters or imports;
• obtaining parental, guardian, marketing, health-information, image and other consents required for its activities;
• configuring prices, classes, enrolments, billing schedules, communication templates and staff access correctly;
• reviewing payment, attendance and communication records and dealing with member queries;
• maintaining its Fat Zebra merchant facility and complying with Fat Zebra's requirements;
• maintaining its own enrolment, cancellation, refund, child-safety and consumer-law policies; and
• ensuring its staff use the Platform only within their authority and operational need.

6. Twyla subscription fees

Studios pay the subscription and other agreed fees stated in their order form, proposal, Studio Subscription Agreement or other written agreement with Twyla. That agreement may specify the subscription term, billing cycle, inclusions, usage charges, price changes, renewal, suspension for non-payment and exit arrangements. If it conflicts with these Terms on a commercial point, the signed or accepted Studio-specific agreement prevails for that point.

Fees charged by a Studio to its members are set by the Studio and are not Twyla subscription fees. Unless stated otherwise, Twyla's quoted business fees exclude GST.

7. Third-party services and integrations

The Platform relies on third-party services, including hosting, database, payment, email, SMS and connected social-messaging services. Examples include Vercel, Supabase, Fat Zebra, Resend, ClickSend and Meta. Their services may be subject to separate terms, acceptable-use rules, availability limits and approval processes.

A Studio chooses whether to enable optional integrations such as Facebook Messenger and Instagram. The Studio must have authority to connect the relevant account and comply with the provider's terms. Twyla may restrict or change an integration where necessary to comply with provider requirements, law, security needs or technical changes outside our control.

8. Intellectual property and customer data

Twyla and its licensors own the Platform, software, branding, documentation and related intellectual property. Subject to these Terms and payment of applicable fees, we grant each authorised user a limited, non-exclusive, non-transferable and revocable right to use the Platform for its intended purpose.

A Studio and its users retain their rights in information and content they provide. They grant Twyla the rights reasonably necessary to host, process, transmit, back up and display that information to provide, secure and support the Platform. Studios must ensure they have authority to provide that information to Twyla.

Feedback may be used by Twyla to improve the Platform without restriction, provided we do not identify the person who supplied it without permission.

9. Availability and changes

We aim to provide a reliable service, but do not promise uninterrupted or error-free availability. Maintenance, security incidents, provider outages, telecommunications failures or events outside our reasonable control may affect the Platform.

We may improve, replace or discontinue features. Where a material change adversely affects a paid Studio, we will give reasonable notice where practicable and deal with any specific contractual rights under the Studio's agreement with Twyla.

10. Liability

Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right or remedy that cannot lawfully be excluded, including under the Australian Consumer Law.

To the maximum extent permitted by law, Twyla is not liable for loss arising from a Studio's classes, pricing, refund, cancellation, staff, safety or consent practices, or from the payment relationship between a Studio, its members and Fat Zebra. Twyla is not liable for indirect or consequential loss or loss of profits, revenue, goodwill or anticipated savings.

To the maximum extent permitted by law, Twyla's aggregate liability to a Studio arising from the Platform or these Terms is limited, at Twyla's option, to resupplying the affected service or refunding the Twyla subscription fees paid by that Studio in the 12 months before the event giving rise to the claim.

11. Suspension and termination

We may suspend access immediately where we reasonably believe an account is being used unlawfully or fraudulently, has been compromised, threatens the Platform, breaches a provider requirement, or creates a serious risk to a child or another person.

For other material breaches, we will ordinarily give reasonable notice and an opportunity to remedy the breach where it is capable of remedy. Studio suspension, non-payment and termination arrangements may also be set out in the Studio's agreement with Twyla. Parents and guardians may lose portal access when their Studio stops using Twyla or their authority to access the relevant family record ends.

12. If an integrated payment service ends

If an integrated payment service will no longer be available, we will notify affected Studios as soon as reasonably practicable. We will work with them on transition steps and a reasonable opportunity to obtain their relevant operational data, subject to security, legal, provider and outstanding-payment requirements. Loss of one integration does not automatically end the Studio's Twyla subscription unless the Studio-specific agreement or applicable law says otherwise.

13. Privacy

Our handling of personal information, including children's, payment and connected-channel information, is described in our Privacy Policy. Each Studio must also maintain and follow any privacy notices and procedures required for its own operations.

14. Terms for parents and guardians

A parent or guardian uses the Platform to interact with records and services supplied by their Studio. Twyla is not a party to their enrolment agreement with the Studio and these Terms do not replace the Studio's enrolment, cancellation or refund terms.

Member card and direct-debit arrangements for Studio fees are with the relevant Studio, using that Studio's Fat Zebra merchant facility. Nothing in these Terms limits any right or remedy a member has under the Australian Consumer Law against the Studio or Twyla.

15. Governing law

These Terms are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals from them.

16. Changes and contact

We may update these Terms as the Platform, providers or legal requirements change. The current version will be published at this URL with its last-updated date. We will communicate material changes where required or reasonably appropriate. Continued use after an update takes effect constitutes acceptance to the extent permitted by law.