Terms of Use

WELCOME TO CHOREUS!

Welcome to Choreus, a web-app by The Jacky Winter Group. Built specifically to help artists and creatives run their commercial practice, Choreus offers features such as content management tools, project management workflows and quoting systems, as well as different ways to access a Jacky Winter agent / producer on-demand for additional project support if needed.


AN INTRO TO THESE TERMS

To assist with delivering a seamless experience, we’ve put together the following Terms of Use to provide further information about your engagement with our services. It’s important that you read these Terms of Use carefully, as by using or accessing Choreus you are agreeing to accept and be bound by these Terms of Use. If you do not agree to our Terms of Use, you cannot access or use Choreus.

We may update these Terms of Use from time to time. If we make a material change, we’ll notify you in-app. Your continued use of Choreus after notification of updated terms will be deemed as acceptance of those terms.

You’ll see some capitalised terms throughout these Terms of Use. Please refer to the definitions section at the end of these Terms of Use to check what they mean.


WHO ARE WE

Choreus is owned and operated by The Jacky Winter Group Pty Ltd, the team behind the artist agency Jacky Winter (“we”, “us”, “our”). We built Choreus as a unique and distinct offering from our traditional agency model, allowing unrepresented artists to access the expertise and support of our agent / producers on an ad-hoc basis, as well as many of the administrative tools and systems we’ve developed over the years to help manage commercial projects.

It should be noted that Choreus is not an agency service, and using it doesn’t make you a Jacky Winter represented artist.


WHO CAN REGISTER

By creating an account and using Choreus, you confirm that you are at least 18 years of age.

Choreus is currently available to artists worldwide, however some features may not be available or work differently in some locations. Our services (including Human Services) are currently available in English only.

Certain Choreus features, such as the Directory, Get A Producer, The Hotline, Price Check, Document Library and Invoice Chasing are designed and intended for unrepresented artists. We operate on a non-exclusive basis, so if you’re an artist who currently has an agent or representative, you should check the terms of your agreements to confirm that there are no exclusivity provisions that would restrict you from fully accessing and interacting with Choreus.


YOUR ACCOUNT

To use Choreus you will need to create an account with us. We will request certain information from you in order to register your account. Please provide accurate, current and complete information and ensure this is kept up to date.

Your account is personal to you. You may only create an account for yourself, and should not create an account on behalf of another person or with false information. Please do not share your account access or let anyone use your account.

You will be able to login to Choreus with your nominated email and password. Please keep your login details secure.

We don’t view or access your client data or confidential business information except when necessary to operate Choreus, for example to provide technical support at your request, or when required by law.

You are ultimately responsible for all activity on your account. If you believe your account has been compromised, please contact us.


WHAT DOES CHOREUS INCLUDE

Choreus Core (free tier)

Choreus Core allows all users to access certain core tools and features for free, such as those relating to:

  • Quoting
  • Invoicing
  • Calendar
  • Licensing Tracker
  • Database / CRM

Documents or materials generated on the free tier will display Choreus branding.

Choreus Pro (paid subscription)

Pro features and benefits may be unlocked with a Choreus Pro subscription, including, but not limited to:

  • Cashflow forecasting
  • Line item packs with suggested wording
  • Customise documents with your own logo and remove Choreus branding
  • 10% off in-app credit purchases
  • Post-production pipelines and checklists
  • Send invoices to Xero or QuickBooks

Pay as you go (credits)

Additional pay as you go features are accessible and paid for with credits which can be purchased in-app, including:

  • Human Services such as The Hotline, Creative Helpdesk, Price Check and other similar services which may be offered in-app, which give you access on-request to our agent / producers for general guidance on things like pricing, production, quoting, project management, contract negotiation and folio assistance. Unless we agree otherwise in a Production Agreement, Human Services are guidance only: we help you prepare, but you deal with your clients, negotiate and make all final decisions yourself.
  • The document library
  • Other paid features which may be added to Choreus from time to time

On demand production and representation (commission)

You may engage Choreus to provide production and representation services on specific projects on an ad-hoc basis. On-demand representation services are priced using a commission structure from 15%-35% or a custom % of the total project fees, depending on the level of support (Basic, Standard or Custom) required. Details of those services and confirmation of the commission percentage will be covered by a separate Production Agreement between you and us.

If the provisions of these Terms of Use and any Production Agreement don’t line up, the Production Agreement prevails for those Production Services.


AVAILABILITY OF CHOREUS

We’re always improving Choreus, so we may add, change or remove features from time to time. If a change materially reduces a paid feature you’ve already paid for, we’ll tell you in advance and offer credits or refunds.

We aim to keep Choreus available, but we can’t promise it will be uninterrupted or error-free. We may need to suspend access to certain features for maintenance, security or other reasons outside our control.


MORE INFO ABOUT CHOREUS PRO SUBSCRIPTION

The price for Choreus Pro is that as shown to you at the time that you subscribe. Choreus Pro is billed in advance on a periodic basis (as selected by you at the time of subscription) and automatically renews at the end of each billing period unless you cancel before the renewal date. We’ll charge your nominated payment method on each renewal date.

You can cancel your Choreus Pro subscription at any time in your account settings. Cancellation takes effect at the end of your current billing period, and you’ll keep Choreus Pro features until then.

We may change our fees by giving you at least 30 days’ notice. The new price applies from your next billing period. If you don’t agree, you can cancel before it takes effect.


CREDITS

You can buy Credits to access certain paid features in Choreus, including the Document Library, The Hotline, Creative Helpdesk, Price Check and other similar services which may be offered in-app. The number of Credits needed for each item or service will be shown on Choreus before you use them. 1 Credit = USD50 and credits never expire. Unless the law requires otherwise:

  • Credits are non-refundable
  • Credits have no cash value and can’t be exchanged for cash; and
  • Credits are personal to you and can’t be transferred, sold or shared.

REFUNDS

Unless otherwise expressly provided for in these Terms of Use or required by law, we will not offer refunds for Credits, subscriptions, or other fees paid by you in connection with your use of Choreus. Please select your services carefully before making a purchase.

Nothing in these Terms of Use limits any right you may have to a refund, repair or other remedy under the Australian Consumer Law or other applicable law. If you’re located outside Australia, you may have additional rights under your local law that can’t be excluded. These Terms of Use don’t affect those rights.


PAYMENT PROCESSORS

Payments are handled by third-party payment processors (i.e. Stripe) under their own terms. You’re responsible for any bank charges, currency conversion or foreign exchange fees charged by your bank or card provider.


CHOREUS MATERIALS

All Choreus Materials, and all intellectual property rights in them, remain owned by us. We give you a limited, personal, non-exclusive, non-transferable and revocable licence to use the Choreus Materials for your own creative practice only. You can only access Choreus Materials while you have an active account.

You can adapt our templates for use in your own dealings with your clients. You must not otherwise copy, reproduce, share, on-sell, publish or otherwise make the Choreus Materials available to any third party.

You must not reverse engineer, decompile, scrape or try to extract the source code of Choreus, or use it to build a competing product.

"Choreus", "Choreus Pro" and our logos are our trade marks. Please don’t use them without our prior written consent.


YOUR MATERIALS

You keep full ownership of Your Content, including all intellectual property rights in it. We only host, store, transmit and process Your Content to the extent necessary to operate Choreus for you and at your direction.

You confirm that you own, or have all necessary rights and permissions for Your Content. By uploading and storing it on Choreus, you are confirming that Your Content:

  • does not infringe anyone’s rights or breach any law;
  • is not deceptive, misleading, false, fraudulent, defamatory, disparaging, libellous, or otherwise inappropriate;
  • does not create or attempts to create any commercial affiliation where one does not exist;
  • does not unlawfully impersonate any person, or states or misrepresents any affiliation with any person where such affiliation does not exist;
  • does not depict, encourage, promote or induce conduct that could violate any law or give rise to criminal or civil liability;
  • isn’t in breach of confidence or in breach of privacy

We maintain appropriate technical and organisational security and confidentiality measures over Your Content, including your data, client lists, job information and personal and financial information. However, no system is 100% secure and we cannot guarantee that your use of Choreus will not cause inference or damage to Your Content or computer and mobile systems. You must take your own precautions to ensure that whatever you select for your use of Choreus is free of viruses or anything else that may interfere with or damage Your Content or the operations of your computer and mobile systems.

We don’t view or access Your Content except when necessary to operate Choreus, for example to provide technical support at your request, or when required by law.

We don’t use Your Content to train AI or feed it into any AI tools. If we ever consider doing this (for example, to add an AI-powered feature to Choreus) we will communicate this clearly in advance and make it strictly an opt-in thing. In other words, we will never use Your Content to train AI or feed it into any AI tools unless you have provided your express consent.


THE DIRECTORY

The Directory is the section on the choreus.co website that clients can use to look for a freelance artist. Listing in the Directory is opt-in via application. The Directory is tightly curated by our team, so please understand that submitting an application does not guarantee you will be listed. As artists are approved by our team in batches, it may take a few weeks to hear back about your application. We reserve the right to decline or remove any Directory listing that breaches these Terms of Use or otherwise at our sole discretion.

If you opt-in to be listed, you agree that your Directory profile will be publicly visible, including to search engines and other third parties. You control what information and images appear on your Directory profile. Only include material you’re happy to make public. You can take down your listing at any time via your account settings. We’ll remove your profile from the Directory within a reasonable timeframe, but please note cached or stored by search engines or other third parties are outside our control.

Being listed on the Directory is free and there is no obligation to use any other Choreus features. It isn't representation and it doesn't commit you to anything. A client who finds you on the Directory deals with you directly. The Directory is primarily intended for unrepresented artists. If you already have an agent, please check with them before you apply for listing on the Directory.


GUIDES, NOT PROFESSIONAL ADVICE

Quotes, fee estimates, fee benchmarks, price checks, templates and other Choreus Materials are to be used as general guides only. They may not suit every situation and should not be relied upon as legal, financial, tax or other professional advice. We don’t guarantee any particular fee, quote, outcome or client acceptance, or that the Choreus Materials will be enforceable or suitable for your circumstances. Templates may need tailoring, and the law and industry practices can change. Before using any Choreus Materials or any other aspect of the Choreus service, please do your own due diligence and get independent professional advice that’s right for your situation.

Our Human Services are provided by experienced producers. The purpose of Human Services is to give you general guidance and support based on their industry experience. Our producers are not lawyers or accountants and are not a substitute for them. They can share general commercial guidance based on industry custom and practice, but they won’t know everything about your situation, and you are responsible for deciding whether that guidance suits you and for making your own decisions.

To the maximum extent permitted by law, we are not liable for loss arising from your reliance on the Choreus Materials, Human Services or any other information or guidance described in these Terms of Use.

Nothing in this clause excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law. This includes the guarantees that services will be provided with due care and skill, will be fit for any purpose you make known to us, and will be supplied within a reasonable time where no time is fixed.


NOT AN AGENT

Using Choreus, including Human Services and the Document Library, doesn’t make us your agent, representative, manager, fiduciary or adviser. This means we don’t act on your behalf, and we don’t monitor your projects, contracts or deadlines unless you ask us to help with a specific task. We have no authority to bind you, and you must not hold Choreus out as having that authority or as representing you.

We won’t use Your Content or any confidential information you share with us through Choreus (such as your client details, quotes or project information) to compete with you, or pass it on to other artists we work with.

Your client relationships are yours. We’re not a party to any agreement between you and your clients (even if you used one of our templates), and we’re not responsible for your clients paying you, meeting their obligations, or how your project turns out.

If you enter into a separate Production Agreement with us that expressly says we are authorised to act as your agent, that authority and any duties that come with it apply only to the specific project covered by that Production Agreement. They don’t extend to your use of Choreus generally, or continue after that project ends.


THIRD PARTY REFERRALS

Third-party referrals: Some matters (for example, legal advice) may require help from a qualified professional. We may refer you to, or arrange services from, third parties on a pass-through or on-billed basis. If so:

  • the third party is solely responsible for its advice and services;
  • we’re not responsible for the third party’s advice or services, except to the extent caused by our own negligence or any obligation that can’t be excluded by law; and
  • we’ll tell you about any on-billed fees in advance, before you agree to proceed.

If we refer you to, or arrange services from, a third party, any advice or services provided by a referred professional are that professional’s responsibility, not ours.


YOUR PRIVACY

We collect, store and process your data in accordance with applicable privacy laws and our Privacy Policy. Please refer to our Privacy Policy for further information.


USE CHOREUS RESPECTFULLY

Please use Choreus lawfully and respectfully. If we believe your use of Choreus is not in compliance with these Terms of Use or is otherwise unlawful, we may suspend or terminate your account. To the extent permitted by law, you will not be entitled to a refund for any monies paid if we suspend terminate your account due to your misuse of Choreus or other contravention of these Terms of Use.


CLOSING YOUR ACCOUNT

In addition to our rights to terminate your account as otherwise set out in these Terms of Use, we may close your account if your account is inactive for a period of 24 months, or if we change or discontinue any part or whole of the Choreus service, by giving 30 days written notice to you.

Where your account closes for any reason (including cancellation by you), we’ll make Your Content available for you to export for 30 days. After the 30 day period ends, we’ll delete Your Content, except where we must keep it by law.


IF WE HAVE A DISAGREEMENT

If a dispute comes up, or you have any complaints or concerns in connection with your use of Choreus, please contact us first at info@choreus.co. We’ll both try to resolve it in good faith.

These Terms of use are governed in accordance with the laws of Victoria, Australia. If a court proceeding is brought under these Terms of Use, then we both agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia (including federal courts).


OUR LIABILITY

To the maximum extent permitted by law:

  • Choreus is provided on an "as is" and "as available" basis;
  • we’re not liable for any loss arising from your use of or reliance on templates, quotes, fee estimates, price checks or Choreus Materials;
  • we’re not liable for any indirect, special or consequential loss, or loss of profit, revenue, opportunity, goodwill or data; and
  • our total liability to you in connection with these Terms of Use is limited to the fees you paid us in the 12 months before the event giving rise to the claim.

Where our liability for failing to comply with a consumer guarantee can be limited, our liability is limited (at our option) to supplying the services again or paying the cost of having the services supplied again.

This clause doesn’t limit our liability for fraud, wilful misconduct, or personal injury caused by our negligence, or any liability or local rights that can’t lawfully be excluded, restricted or modified.

You agree to indemnify us against any reasonable loss, cost or liability we incur because of a third-party claim arising from your breach of these Terms of Use, Your Content infringing someone’s rights, your dealings with your clients, or your unlawful conduct.


A FEW FURTHER DETAILS

We may assign our rights under these Terms of Use to another entity or a successor to the Choreus business.

If any part of these Terms of Use is invalid or can’t be enforced, it will be read down or severed and the rest will continue to apply. If we don’t enforce a right straight away, we don’t give up that right.

These Terms of Use, together with any Production Agreement or separate services agreement, are the entire agreement between you and us about Choreus.

We may send you notices by email to the address in your account or in-app. You can send notices to us at info@choreus.co


DEFINED TERMS

Choreus means the web application located at app.choreus.co and associated mobile apps, software and services.

Choreus Pro means the paid subscription tier of Choreus.

Choreus Materials means all content, quotes, fee estimates, fee benchmarks, price checks, templates, documents (including the Document Library), software, designs and other materials we provide or make available through Choreus, excluding Your Content.

Credits means the prepaid credits you can buy to access the Document Library and Human Services.

Directory means the public artist directory.

Document Library means the library of templates, guides and other documents made available on Choreus

Jacky Winter means Jacky Winter Group Pty Ltd (ABN 76 660 408 060).

Human Services means on-request general guidance and support from our producers, as further described in these Terms of Use.

Privacy Policy means the Choreus Privacy Policy at https://app.choreus.co/privacy as updated from time to time.

Production Agreement means a separate agreement between you and us for Production Services.

Production Services means production, project management and related services we provide for a specific project under a Production Agreement.

Your Content means all content, materials, data and information you upload, create or store on Choreus, including your artwork, portfolio, client lists, job information, documents and personal and financial information.