Apptegy | Terms of Use

NOTICE: We have updated our Terms of Use effective May 31, 2023. We did this primarily (1) to notify Users about our COPPA, FERPA, and California Student Privacy certifications issued by iKeepSafe (please see below for more information); (2) to create more consistency in how we explain our student data practices across these Terms, our Privacy Policy, and our Client Agreements; and (3) to add language about new laws that may apply to you. We believe the rights and obligations of Users and Apptegy did not materially change as a result of this update. However, we encourage you to review the updated Terms of Use below, which applies to all Users of the Services on a going-forward basis.

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Last updated: May 31, 2023

Thank you for choosing Apptegy, Inc. (collectively, including our subsidiaries and affiliates, “Apptegy,” “we,” “us,” or “our”). These Terms of Use (the “Terms”) explain the agreement you make with Apptegy when you access or use any of our websites, software, platforms, mobile applications, and other digital resources and services, including, but not limited to:

our websites, including www.apptegy.com, www.thrillshare.com, and www.edurooms.com (collectively, the “Sites”);
our Thrillshare platform (“Thrillshare”), which collectively includes:
our Media platform (“Media”),
our Engage platform (“Engage”),
our Rooms platform (“Rooms”); and
any other platforms or tools that we choose to add to Thrillshare; and
any website and/or mobile application that provides access to and use of any of the foregoing

(collectively, including the Sites, Thrillshare, Media, Engage, Rooms, and all services related to the foregoing, the “Services”).

These Terms apply to you and all other Users of the Services. “Users” include:

Clients (as defined below);
End Users (as defined below); and
Visitors (as defined below).

For the sake of clarity, references to “Users” and “you” in these Terms refer to you as a User individually and to all Users collectively, unless expressly set out otherwise.

PLEASE REVIEW THESE TERMS CAREFULLY. We have attempted to provide transparent explanations of our practices and policies so you can make a meaningful decision about whether to use the Services.

BY USING THE SERVICES IN ANY WAY, INCLUDING USING THE SERVICES AS AN END USER OR ONLY AS A VISITOR, YOU AGREE TO BE BOUND BY EVERYTHING IN THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS IN FULL, YOU MAY NOT USE THE SERVICES AND YOU SHOULD STOP USING THE SERVICES IMMEDIATELY.

IMPORTANT NOTE ABOUT INTEGRATION WITH SEPARATE CLIENT AGREEMENTS

Some Users have a direct business relationship with us (individually, a “Client” and collectively, “Clients”). Our Clients are typically education institutions, government bodies, and other organizations. Clients execute a separate order form and client agreement with us that includes additional terms and conditions for the Services and for our business relationship (a “Client Agreement”).

If you are a User and also a Client, the terms and conditions of our Client Agreement are in addition to these Terms; provided you are also subject to these Terms as follows:

the terms and conditions of the Client Agreement will control and govern with respect to all matters expressly addressed in the Client Agreement; and
the terms and conditions of these Terms will control and govern with respect to all matters not expressly addressed in the Client Agreement.

Not all Users are Clients. Most individuals that access or use the Services are invited or added to the Services by a Client under the Client’s account with us (for example: teachers, students, parents, and guardians invited or added to the Services by their education institution). Some individuals only visit the public parts of the Services that do not require a log-in or an invitation from a Client (for example: individuals browsing the Sites). In these terms we call individual end users using the Services under a Client account “End Users” and call individual visitors to the public parts of the Services “Visitors.” All individual Users are either End Users or Visitors.

We do not offer or provide Client accounts for individuals, including End Users or Visitors. This means that End Users and Visitors are not Clients and will not have a Client Agreement separate from these Terms. If you are a User without a Client Agreement, including End Users and Visitors, these Terms will control and govern in all circumstances.

1. Summary of the Terms

The Services are communication and group management tools. Apptegy provides the Services for you to use in your sole discretion and at your own risk, except as expressly set out in these Terms. You are exclusively responsible and liable for your use of the Services and for any consequence of your use of the Services to you and to all third parties. Apptegy does not participate in, is not a party to, and is not liable for the activities of Users on or through the Services. More information is available below.

We collect, store, and use personal information in the ways we explain below and in our Privacy Policy. Apptegy respects and values the privacy of personal information, and we work hard to protect it. We have attempted to provide transparent explanations of our privacy practices and policies so you can make a meaningful decision about whether to use the Services.

Apptegy works hard to keep your personal information secure. That said, no technology company can guarantee absolute data security. For more information about our security practices, please continue to read below and review our Privacy Policy.

We rely on third party providers for parts of the Services. The parts of the Services that rely on or implement third party products or services may also be subject to the practices and policies of the applicable third party provider, which may be different than ours. More information is available below and in our Privacy Policy.

By using the Services, you agree that Apptegy will not be responsible or liable to you or any third party for any consequence, loss, or damage arising (directly or indirectly) from or relating to your use of the Services, unless and only as specifically described otherwise in these Terms. More information is available below.

Notwithstanding the foregoing, for Users with a Client Agreement, the Client Agreement will control and govern with respect to all matters expressly addressed in the Client Agreement, and those terms and conditions may differ from those set out in this section.

2. Personal Information and Privacy Generally

By using the Services, you acknowledge and agree that Apptegy collects, stores, and uses certain personal information about Users. To understand what personal information we collect, store, and use, please review our Privacy Policy:

https://www.apptegy.com/privacy-policy/.

The Privacy Policy applies to all Users and for all Services generally. By using the Services in any way, you understand and acknowledge that the terms of our Privacy Policy apply to you in all circumstances. Notwithstanding the foregoing, for Users with a Client Agreement, the Client Agreement will control and govern with respect to all matters expressly addressed in the Client Agreement, and those terms and conditions may differ from those set out in this section.

3. Children’s Personal Information and Privacy

Apptegy does not intentionally request, collect, store, or use personal information from or about any child under the age of legal majority for our own purposes. Instead, we prohibit use of the Services by children under the age of legal majority, including children under the age of thirteen (13), unless and only to the extent the child is a User invited or added to the Services by a Client. When children are invited or added to the Services as Users under Client’s account (for example: students attending the educational institution that is the Client), Apptegy provides the Services with respect to the students solely in the educational context authorized by Client under that Client’s Client Agreement, and solely for the benefit of the Client and its Users. We only request, collect, store, and use personal information about children as is necessary to provide the Services to our Clients and Users, and only as directed by the Client, as explained more fully below and in our Privacy Policy. If we learn that we have unintentionally collected personal information from or about a child other than as set out below and in our Privacy Policy, we will delete that information as soon as reasonably practicable.

When children are invited or added to the Services as Users under Client’s account, Apptegy may receive and collect information from or about children as a necessary part of providing the Services to the Client (for example, as applicable: contact information for communications sent via the Services; posts made on messaging tools in the Services; information included in assignments and other class content submitted via the Services). These Terms and our Privacy Policy, accessible as set out above, provide notice regarding Apptegy’s collection, use, and disclosure of personal information from children. Please see the Privacy Policy for more detailed information, specifically including Section 8 of the Privacy Policy.

Please see our Privacy Policy for information about our Children’s Online Privacy and Protection Act (“COPPA”) and Family Educational Rights and Privacy Act (“FERPA”) practices and policies.

4. User Eligibility

To use the Services, you must be a Client, an End User invited or added to the Services by a Client, or a Visitor. By using the Services, you represent that you are one of these types of Users. Any use of or attempt to use the Services in any other capacity is void.

When you use the Services, Apptegy grants you a limited, personal, revocable, non-transferable, and non-exclusive license to use the Services subject to these Terms. This limited license is only so you may use the Services as allowed under these Terms, solely for your internal purposes if you are a Client and solely for your personal purposes if you are an End User or Visitor. You may not use the Services for any Prohibited Use or Content (as defined below). This license is revocable at will and may be terminated by Apptegy without notice to you.

Parts of the Services require you to register for, or access and use the Services under, an account. Clients have Client accounts. End Users have End User accounts. Visitors are not permitted to create an account. We request certain account information from or about Clients and End Users to provide the Services. You agree to provide truthful and complete information for and in connection with your account. If you choose to not provide certain account information or fail to complete account information requests, parts of the Services may not be available to you or may not function as intended. We treat personal information you provide in connection with your account in accordance with our Privacy Policy.

Clients may manage their account via the Services or by contacting us. End User accounts are created, controlled, and managed by the Client that invited or added you to the Services (for example: the educational institution that is your employer or that you attend as a student). If you are an End User, your Client account administrator(s) may be able to manage, access, change, edit, disable, or deactivate your account, your account information, or your log-in credentials without our or your involvement or consent. End Users that want to manage, access, change, edit, disable, or deactivate their account, account information, or log-in credentials must contact the Client that invited or added them to the Services (for example: the educational institution that is your employer or that you attend as a student). End Users are also subject to the account practices and policies of the applicable Client. The Client’s practices and policies may be materially different than our practices and policies. Apptegy expressly disclaims all liability for the foregoing.

Use of the Services by individuals under the age of legal majority in their jurisdiction of residence is expressly prohibited, unless and only to the extent the individual is an End User invited or added to the Services by a Client (for example: a student using the Services set up by their education institution). If you are an individual User under the age of legal majority in your jurisdiction of residence, a parent or legal guardian must agree to these Terms on your behalf and consent to your use of the Services, and that parent or legal guardian will be exclusively responsible and liable for your use of the Services and for any consequence of your use of the Services. Any attempt by an individual under the age of legal majority in their jurisdiction to use the Services in any capacity without the agreement and consent of a parent or guardian is void. For all End Users under the age of legal majority in their jurisdiction of residence, Apptegy exclusively relies on the Client to obtain the required legal consents from a parent or legal guardian. Please see Section 3 above and our Privacy Policy for more information about use of the Services by Users under the age of legal majority.

If you are using the Services as or on behalf of an individual other than yourself, you represent that you are authorized and have express prior consent to act for and bind that other person to these Terms. If you are using the Services on behalf of an entity, you represent that you are authorized and have express prior consent to act for and bind that entity to these Terms.

Apptegy reserves the right to determine in our sole discretion whether your access or use of the Services fails to satisfy the terms of this Section 4. Failure to comply with the terms set out in this section will be a breach of these Terms and may result in termination of your use of the Services and liability for damages. You agree that Apptegy will not be liable, and you will indemnify, hold harmless, and reimburse Apptegy for any consequence, loss, damage, or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from or relating to your failure to comply with the terms set out in this section.

5. Your Obligations as a User; Acceptable Use and Content on the Services

You agree to access and use the Services only in accordance with these Terms and applicable law. You agree to not:

provide personal or confidential information on or via the Services that you expect to be treated differently than as described in these Terms and our Privacy Policy;
use the Services in violation of any laws (including data privacy and intellectual property laws) or to promote illegal or tortious activities;
use the Services in a manner that is false, fraudulent, or deceptive;
use the Services to threaten, abuse, harass, attack, defame, or harm others, or to post violent, obscene, vulgar, hateful, pornographic, profane, indecent, discriminatory, or otherwise illegal or inflammatory content;
use the Services for consumer marketing or advertising, commercial solicitations, or for junk mailing or spamming;
use the Services for political or campaign messaging;
misuse any reporting, flagging, or complaint tool, including by making submissions without sufficient grounds;
use the Services to breach, circumvent, disable, disrupt, damage, monitor, tamper, or otherwise interfere with Apptegy, the Services or any part of the Services, any User, or any related equipment, system, network, or security or authentication measure, by any method (including phishing, overloading, flooding, spamming, spoofing, scraping, or by posting, uploading, sharing, or otherwise providing content that contains viruses, malware, bots, worms, script exploits, or other malicious code);
use the Services to determine, copy, modify, translate, create derivative works of, design around, benchmark, or reverse engineer the Services or any part of the Services;
sublicense, sell, assign, or otherwise transfer the Services or any rights under these Terms to a third party, or otherwise commercially exploit or profit from the Services in any manner, except as expressly permitted by these Terms;
solicit Users to use other services that are competitive with or a replacement for Apptegy;
falsely imply affiliation with or sponsorship by Apptegy without the prior written consent of Apptegy; or
breach any of the terms or conditions of these Terms or our Privacy Policy (collectively, “Prohibited Use or Content”).

You are solely responsible and liable for all activity that occurs on and through the Services under or in connection with your account. THIS SPECIFICALLY INCLUDES ALL CONTENT AND COMMUNICATIONS POSTED, UPLOADED, SHARED, OR OTHERWISE PROVIDED ON OR VIA THE SERVICES UNDER OR IN CONNECTION WITH YOUR ACCOUNT, AND ANY CONSEQUENCE, LOSS, OR DAMAGE (DIRECT OR INDIRECT) CAUSED BY OR RELATED TO THE FOREGOING.

You must actively monitor the use of the Services under or in association with your account. You are solely responsible and liable for maintaining and safeguarding the security and accuracy of your account, as well as ensuring that all use of the Services by you or in connection with your account does not violate these Terms. You must promptly notify us of any unauthorized access or use.

Apptegy does not, as a general rule, actively monitor the actions of individual Users on or via the Services, but we reserve the right to do so at any time and for any reason. Apptegy expressly disclaims all liability for the foregoing. YOUR ACCESS AND USE OF THE SERVICES IS AT YOUR OWN RISK.

Apptegy is not responsible or liable for the actions or omissions of any User on or via the Services, or any consequence thereof. THIS SPECIFICALLY INCLUDES ALL CONTENT AND COMMUNICATIONS POSTED, UPLOADED, SHARED, OR OTHERWISE PROVIDED ON OR VIA THE SERVICES BY USERS, AND ANY CONSEQUENCE, LOSS, OR DAMAGE (DIRECT OR INDIRECT) CAUSED BY OR RELATED TO THE FOREGOING.

Apptegy reserves the right to determine in our sole discretion whether your access or use of the Services fails to satisfy the terms of this Section 5. Failure to comply with the terms set out in this section will be a breach of these Terms and may result in termination of your use of the Services and liability for damages. You agree that Apptegy will not be liable, and you will indemnify, hold harmless, and reimburse Apptegy for any consequence, loss, damage, or expense (direct or indirect) (including attorneys’ fees and settlement amounts) arising from or relating to your failure to comply with the terms set out in this section.

6. Our Rights as Apptegy

Apptegy exclusively owns and holds all rights, title, and interests in and to the Services and all intellectual property rights arising from or related to the Services. Users do not acquire any such rights by using the Services. The Services are currently (or may be in the future) protected by copyright, trademark, patents, trade secrets, and other laws of both the United States and foreign countries. Other than as expressly provided in these Terms, you do not have any right to use, copy, or imitate the name “Apptegy” or any of the Apptegy trademarks, logos, domain names, distinctive brand features, or other intellectual property or content, in whole or in part, without our prior written permission.

By using the Services, you grant Apptegy a non-exclusive, limited, revocable license during the term to upload, use, copy, store, transmit, and display all information, content, communications, posts, publications, and other material stored or uploaded by you and under or in association with your account (collectively, “User Content”) to the extent necessary to provide the Services to you. All rights, title, and interests in and to User Content will remain exclusively with the applicable User; provided that Apptegy is permitted to aggregate and use generalized and deidentified User Content for any purpose in our sole discretion in accordance with our Privacy Policy.

If you are an End User of the Services under a Client account, you acknowledge that your individual rights with respect to User Content will also be subject to the practices and policies of the applicable Client (for example: the educational institution that is your employer or that you attend as a student). The Client’s practices and policies may be materially different than our practices and policies. Apptegy expressly disclaims all liability for the foregoing.

We reserve the right to terminate, suspend, change, or refuse to provide all or any part of the Services, to restrict or limit use of all or any part of the Services, to suspend or terminate any User, and to change eligibility criteria for Users – all at any time and for any reason in our sole discretion, and without notice or liability to you.

Feedback, ideas, and suggestions you provide (“Feedback”) about Apptegy or the Services is welcome and is entirely voluntary. You grant Apptegy an exclusive, unlimited, unrestricted, perpetual, irrevocable, worldwide, royalty-free, transferable license to use all Feedback in our sole discretion, including for modifying the Services and for other commercial uses. This license includes all intellectual property rights in and to all Feedback. By providing Feedback, you agree that our right to use Feedback is without restriction and solely in our discretion.

7. Support Services

We will respond to all questions about or relating to the Services within a reasonable period of time during normal business hours. We will use commercially reasonable efforts to ensure that the Services are accessible 24 hours a day, 7 days a week, and to minimize the amount of time the Services are unavailable. We are not responsible for Users’ internet connections or equipment. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable.

8. Confidential Information; Disclosure of User Information

You and Apptegy each agree to keep confidential and to not disclose to any third party the non-public confidential and/or proprietary information of the other party, and to only use such information as required in connection with the Services or as expressly permitted by these Terms. Breach of the foregoing obligation will cause irreparable harm for which monetary damages would be inadequate. If a breach occurs or is threatened, the party from which the applicable information originated will be entitled to seek an injunction, a restraining order, or other equitable remedy, in addition to all other available remedies. That party will not need to post a bond or other security or provide proof of actual damages.

Apptegy will seek to protect User information from disclosure in most instances as a general policy. However, we reserve the right in our discretion to access, read, preserve, and disclose User information that we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce these Terms, including investigation or prosecution of potential violations or abuse; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to User support requests; (v) comply with any lawful requests for information from the Client that has paid for or is otherwise providing your access to the Services; and (vi) protect the rights, property, or safety of Apptegy, our Users, or the public.

Please see our Privacy Policy for additional information.

9. Termination

These Terms apply to you until your use of the Services is terminated. If you are a Client, you may terminate your use of the Services in accordance with your Client Agreement. If you are an End User, you may terminate your use of the Services at any time in your discretion, however your End User account may be terminated only by the Client that invited or added you to the Services (for example: the educational institution that is your employer or that you attend as a student). If you are a Visitor, you may terminate your use of the Services in your discretion. Apptegy reserves the right to terminate all or any part of the Services and to terminate any User at any time and for any reason in our sole discretion, and without notice or liability to you. Without limiting the generality of the foregoing, examples of when Apptegy may terminate your use of the Services include (i) when you have violated these Terms, the Privacy Policy, a Client Agreement, or other published policies; (ii) when you create risk of or possible legal exposure for Apptegy; or (iii) when the Services are no longer commercially viable.

In all such cases, your license to use the Services will automatically be canceled, except that the following sections will continue to apply: 2, 3, 5, 6, 8, 10, 11, and 12, as well as any other provision that would logically survive termination or expiration.

10. Disclaimers and Limitations of Liability; Your Risks and Responsibilities

PLEASE READ THIS SECTION CAREFULLY. This section limits the liability of Apptegy and its past, present, and future parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Apptegy Entities”). BY USING THE SERVICES, YOU EXPRESSLY AGREE TO BE BOUND BY THIS SECTION. Each subsection below applies to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation of liability in contracts, and, as a result, the contents of these sections may not apply to you.

Notwithstanding anything to the contrary in this Section 10, for Users with a Client Agreement, the Client Agreement will control and govern with respect to all matters expressly addressed in the Client Agreement, and those terms and conditions may differ from those set out in this section.

A. Use is at Your Own Risk; The Services are Available “AS-IS”

Apptegy has no fiduciary or other special relationship with you. YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis.

To the maximum extent permitted under applicable law, except as expressly set out in these Terms, THE APPTEGY ENTITIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SECURITY, ACCURACY, AND ANY WARRANTIES IMPLIED BY PERFORMANCE OR USE. APPTEGY DOES NOT WARRANT THAT THE SERVICES ARE ERROR-FREE. THE SERVICES MAY ALSO BE UNAVAILABLE, INTERRUPTED, OR DELAYED FOR VARIOUS REASONS (INCLUDING MAINTENANCE AND INTERRUPTIONS INHERENT IN THE AVAILABILITY OF THE INTERNET AND THIRD PARTY MESSAGING SYSTEMS).

Except as is expressly set out in these Terms and the Privacy Policy, the Apptegy Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security, and reliability of the Services; (ii) any harm that results from your access to or use of the Services; (iii) the deletion of, or the failure to store or to transmit, any information and other communications maintained by the Services; (iv) whether the Services meet your requirements or are available on an uninterrupted, secure, or error-free basis; and (v) any third party claims, consequence, loss, or damage (direct or indirect) arising in any way out of or related to use of the Services or these Terms. No advice or information, whether oral or written, obtained from the Apptegy Entities or through the Services, will create any warranty not expressly made in these Terms.

IT IS THE EXCLUSIVE RESPONSIBILITY OF EACH USER TO EVALUATE THE RISK, ACCURACY, COMPLETENESS, DEPENDABILITY, USEFULNESS, AND MARKETABILITY OF THE SERVICES, AND ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICES OR OBTAINED FROM ANOTHER USER, THIRD PARTY, OR LINKED SITE.

B. Third Party Links and Resources

The Services may contain links to third party products, websites, and resources. Except as expressly set out in the Services, you agree that the Apptegy Entities are not responsible or liable for: (i) the availability or accuracy of third party products, websites, or resources; (ii) the content, products, or services on or available from third party websites or resources; and (iii) any consequence, loss or damage (direct or indirect) arising from third party products, websites, or resources. Inclusion of third party products, websites, or resources does not imply endorsement by the Apptegy Entities of the websites, resources, or the content, products, or services available from the third parties. You acknowledge sole responsibility for and assume all risk of your use of any third party product, website, or resource.

C. Third Party Providers and Partners

Apptegy relies on third party providers and partners for parts of the Services (for example: posting a communication on a Facebook or Twitter account; or language translations). Apptegy may also engage third parties to perform certain Services. Except as expressly set out on in these Terms or the Privacy Policy, you agree that the Apptegy Entities are not responsible or liable for: (i) the availability, functionality, or accuracy of the parts of the Services provided by third party providers and partners; (ii) any interruption, delay, suspension, or termination of the Services as a result of third party providers and partners; and (iii) any consequence, loss, or damage (direct or indirect) arising from or relating to third party providers and partners. On written request by a User, Apptegy will provide within a reasonable time a list of the non-confidential third party providers and partners that Apptegy uses for the Services at that time.

If you register for or log on to the Services by using existing third party accounts or profiles (for example: login via Google, Facebook, Twitter, etc.) and/or use third party services accessible via the Services (for example: posting a communication on a Facebook or Twitter account), you agree that you will also be subject to the third party practices and policies associated with the third party services that you use. The practices and policies of the applicable third parties may be materially different than our practices and policies, including with respect to data privacy and security. YOUR ACCESS AND USE OF THIRD PARTY SERVICES IS AT YOUR OWN RISK.

Without limiting the generality of the foregoing, YOU AGREE THAT APPTEGY IS NOT RESPONSIBLE FOR ANY CONSEQUENCE, LOSS, OR DAMAGE (DIRECT OR INDIRECT) ARISING FROM OR RELATING TO THE PARTS OF THE SERVICES MANAGED OR MADE AVAILABLE BY OR VIA THIRD PARTY PROVIDERS AND PARTNERS, AND/OR YOUR USE OF THE SAME.

Please see our Privacy Policy for more information.

D. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPTEGY ENTITIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER INCURRED DIRECTLY OR INDIRECTLY BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPTEGY ENTITIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM, DAMAGES, OR LOSS ARISING FROM OR RELATING TO (i) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY USER OR THIRD PARTY ON OR THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, AND DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY INFORMATION OR CONTENT VIEWED OR OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF THE SERVICES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE APPTEGY ENTITIES EXCEED THE GREATER OF ONE THOUSAND U.S. DOLLARS (U.S. $1,000.00) OR THE AMOUNT PAID TO APPTEGY BY YOU FOR THE SERVICES IN THE PRIOR TWELVE (12) MONTHS. FOR FREE USES OR TRIAL USES, APPTEGY’S TOTAL LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00). THE FOREGOING REMEDY WILL CONSTITUTE THE APPTEGY ENTITIES’ SOLE LIABILITY AND OBLIGATION WITH RESPECT TO ANY CLAIM BY YOU.

THE LIMITATIONS OF THIS SUBSECTION WILL APPLY TO ALL THEORIES OF LIABILITY, WHETHER BASED ON PERSONAL INJURY, PROPERTY DAMAGE, WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT THE APPTEGY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET OUT IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

E. Monitoring the Services

As set out in these Terms, Clients and End Users (for example: teachers, students, parents, and guardians using the Services set up by their education institution) are solely responsible for all User information, content, and messages that are communicated or published via the Services (for example: communications published by an educational institution via Media, or communications and materials posted by a student or teacher via Rooms). It is possible that some User content may be inappropriate and/or constitute Prohibited Use or Content. You are solely responsible and liable for monitoring the Services to ensure that User content is not inappropriate. If you are an End User and discover inappropriate User content, you should promptly notify the Client that invited or added you to the Services (for example: the educational institution that is your employer or that you attend as a student). If you are a Client and discover or are made aware of inappropriate User content on or under your Client account, you should remove it promptly. If you are unable to remove it, please contact us and we will use commercially reasonable efforts to assist you. Apptegy does not, as a general rule, actively monitor the actions of individual Users on or via the Services, but we reserve the right to do so at any time and for any reason.

Parts of the Services include features that allow Users to flag User content as inappropriate. When a User flags User content as inappropriate, the Client that is associated with the flagged User content receives notice (for example: the educational institution that is the Client). In all such events, the Client is exclusively responsible and liable for reviewing the flagged content, and exclusively responsible and liable for determining whether to remove or permit the flagged content, and whether any other action is necessary or appropriate. Please note that the content flagging feature may be disabled and will only be available to End Users if the Client that invited or added you to the Services (for example: the educational institution that is your employer or that you attend as a student) chooses to enable it.

Apptegy disclaims all responsibility and liability for the availability, completeness, timeliness, reliability, accuracy, and decision-making with respect to monitoring User actions and User content on the Services, and the review or non-review of flagged User content, as well as all harm, claims, consequences, losses, and damages (direct or indirect) arising in any way out of or related to all User content, flagged User content and the review or non-review thereof, and any action or non-action related to any of the foregoing. The Apptegy Entities will not be liable in any manner or form, or under any theory or cause of action, for inappropriate content or materials posted on or communicated via the Services, or any review or lack thereof of such content or materials, or any action or non-action related to any of the foregoing, unless Apptegy is the author of the content or materials. No advice or information, whether oral or written, obtained from the Apptegy Entities or through the Services will create any liability or obligation for Apptegy with respect to User content that is not expressly made in these Terms.

PLEASE NOTE that if you discover or are made aware of any User content that is or may be connected to the abduction or sexual exploitation of a child, you should contact law enforcement authorities immediately. Please see the National Center for Missing and Exploited Children (NCMEC) (www.missingkids.org/education) for more information and resources related to abduction and child sexual exploitation prevention.

F. Alerts

If you purchase and/or use the alerts feature of the Services, you acknowledge and agree that we provide alerts functionality only as a non-emergency communication tool. You acknowledge and agree that the Services are not intended to be and cannot be used as a substitute for emergency communication methods (for example: contacting law enforcement and/or emergency medical professionals in the event of a threat to person or property; or providing notice of an emergency). Traditional emergency communications should be completed before using the Services in any such event. Clients and End Users, as applicable, are solely responsible and liable for use of the alerts feature and the completeness, timeliness, reliability, accuracy, omission, and decision-making with respect to all alerts content. You are solely responsible and liable for your own reliance on alerts or lack thereof, and all alert content.

Apptegy disclaims all responsibility and liability for the completeness, timeliness, reliability, content, accuracy, omission, and decision-making with respect to all alerts or lack thereof, and all harm, claims, consequences, losses, and damages (direct or indirect) arising in any way out of or related to all alerts or lack thereof. Apptegy Entities will not be liable in any manner or form, or under any theory or cause of action, for alerts or lack thereof, or alert content, posted on or communicated via the Services unless we post the content or materials. No advice or information, whether oral or written, obtained from the Apptegy Entities or through the Services will create any liability or obligation for Apptegy with respect to alerts or alert content that is not expressly made in these Terms.

G. Translations

When using the Services, you may see or receive content that has been translated from English to another language, or vice versa. In those circumstances, the Services have been translated for your convenience only and may have been translated using third party translation software. Reasonable efforts have been made to provide an accurate translation; however, no translation is perfect, nor is automated translation intended to replace human translators. Translations are provided to you solely on an “AS IS” and “AS AVAILABLE” basis. No warranty of any kind, either express or implied, is made as to the accuracy, reliability, or correctness of any language translation. Some content (for example: images, videos, Flash, etc.) may not be accurately translated due to the limitations of translation software.

The official text is the English version of the Services. Any discrepancies or differences created in translation are not binding and have no legal effect for compliance or enforcement purposes. If you have a question related to the information contained in translated Services, please refer to the official English version of the Services.

Without limiting the generality of the foregoing, the Services may contain translations powered by Google Translate. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and noninfringement.

H. Electronic Signatures

Parts of the Services include features that allow Users to electronically sign documents and forms. You agree that (i) the Client that invited or added you to the Services (for example: the educational institution that is your employer or that you attend as a student) and its End Users exclusively control and have sole responsibility for all documents, forms, agreements, information, content, communications, and other material submitted to you for electronic signature (collectively, “Esign Content”); and (ii) you exclusively control and have sole responsibility for evaluating the accuracy, completeness, and appropriateness of all Esign Content and for choosing whether to electronically sign any Esign Content. Please note that (i) certain types of forms, documents, agreements, and other materials may be excluded, limited, or otherwise restricted by electronic signature laws and regulations, and/or (ii) certain laws and regulations may impose specific requirements, limitations, and restrictions on specific types of electronic signature content and requests. Clients and End Users, as applicable, are solely responsible and liable for complying with all such laws and regulations. Apptegy disclaims all responsibility and liability for all electronic signature content and requests, and all harm, claims, consequences, losses, and damages (direct or indirect) arising in any way out of or related to all electronic signature content and requests. Apptegy Entities will not be liable in any manner or form, or under any theory or cause of action, for electronic signature content and requests, posted on or communicated via the Services unless Apptegy is the author of the content or request.

I. Accessibility Compliance

Clients are solely responsible for complying with all applicable laws and regulations governing accessibility of the parts of the Services under the control of the Client (for example: a Client’s website and/or mobile applications, and Client and End User activities on the Services, including communications), including, but not limited to, the Americans with Disabilities Act, as it may be amended (“ADA”), and the requirements and policies of Web Content Accessibility Guidelines (“WCAG”). We encourage Clients to establish and implement methods and procedures to ensure compliance with applicable laws and regulations, including the ADA and the WCAG, and to inform and train each of its employees, contractors, and representatives who use the Services on the methods and procedures. The Services include tools to assist Clients with accessibility compliance, and Apptegy may provide Clients with materials and information about such laws and regulations, including the ADA and the WCAG. All such tools, materials, and information are provided to assist Clients with their compliance obligations and for general education purposes only. Apptegy disclaims all responsibility and liability for compliance with all laws and regulations governing accessibility of the parts of the Services under the control of Clients (for example: a Client’s website and/or mobile applications, and Client and End User activities on the Services, including communications), including the ADA and/or the WCAG, and all harm, claims, consequences, losses, and damages (direct or indirect) arising in any way out of or related to accessibility, or lack thereof, to the parts of the Services under the control of Clients. Apptegy Entities will not be liable in any manner or form, or under any theory or cause of action, for compliance with any laws and regulations governing accessibility of the parts of the Services under the control of Clients.

J. How These Terms Apply Across Different Services

These Terms apply to all parts of the Services, unless and only to the extent expressly set out in these Terms. Any exceptions will be clearly explained in these Terms. For example, if a specific term or condition does not apply, or applies differently, to Media as compared to Rooms, or to one feature of Media as compared to another feature of Media, then that difference will be explained in these Terms. If you do not see a specific difference or exception listed in these Terms, then it is not a difference or exception, and the general term or condition applies to all parts of the Services.

11. Indemnification

By using the Services, to the maximum extent permitted by applicable law, you agree to indemnify, hold harmless, and reimburse the Apptegy Entities (as defined above) for all claims and liabilities (actual and threatened), obligations, settlements, losses, expenses, debts, and damages (including costs and attorneys’ fees) (collectively, “Claims”) that arise from or relate to (i) your breach of any part of these Terms or our Privacy Policy, including any activity and content associated with your account (whether by you or a third party), (ii) information or materials you post, upload, share, or otherwise provide on or through the Services; (iii) your infringement or violation of copyright, patent, trademark, trade secret, or other intellectual property or related rights of any third party; (iv) any third party services that you access or use via the Services; and/or (v) your negligent or willful misconduct; unless a court of competent jurisdiction enters a final judgment that the Claim was the result of affirmative and intentional actions or omissions by Apptegy. You agree to promptly notify Apptegy of any actual or potential Claim of which you become aware. Apptegy reserves the right to assume exclusive control of and direct the defense or settlement of any third party Claim otherwise subject to indemnification by you. You agree to assist and cooperate with Apptegy in the defense upon request.

12. Miscellaneous

Notwithstanding anything to the contrary in this Section 12, for Users with a Client Agreement, the Client Agreement will control and govern with respect to all matters expressly addressed in the Client Agreement, and those terms and conditions may differ from those set out in this section.

A. Waiver and Severability

The failure of Apptegy to enforce any right or term of these Terms will not be a waiver of the right or term. If any term is held to be invalid or unenforceable, then that term will be limited or eliminated to the minimum extent necessary, and the remaining parts of these Terms will stay in full force and effect. In such an instance, the parties agree that the intent of the original language should be enforceable against the parties to the maximum extent permitted by law.

B. Controlling Law and Jurisdiction

These Terms and any dispute related to the Terms will be governed by the laws of Delaware without regard to conflicts of law principles. Subject to the dispute resolution terms set out in Section 12.C below, all claims and legal proceedings arising in connection with the Services will be brought exclusively in the federal or state courts located in Little Rock, Arkansas, United States, and you consent to the exclusive jurisdiction and venue of those courts.

C. Dispute Resolution

You agree that you will notify Apptegy in writing of any dispute related to the Services. Apptegy will have thirty (30) days from receipt of your written notice to address the dispute before you may initiate any third party action to resolve the dispute. Notice under this section must be addressed to Apptegy, Inc., c/o Notice of Dispute, 2201 Brookwood Drive, Suite 115, Little Rock, Arkansas 72202.

Any dispute arising from or relating to the subject matter of these Terms that is not voluntarily resolved by the parties pursuant to the previous paragraph must be finally settled by arbitration in Little Rock, Arkansas, by JAMS, Inc. (“JAMS”) or its successor, under the then applicable JAMS Comprehensive Arbitration Rules & Procedures. Judgment on or enforcement of the arbitration award may be entered in any court having jurisdiction. Any arbitration under this Agreement will take place on an individual basis: CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the previous obligations, each party will have the right to start an action at any time for injunctive or equitable relief in the mandatory jurisdiction and venue established above. If you are a resident of a jurisdiction where binding arbitration and class action waivers are not valid, this section will not apply to you.

D. Consent to Electronic Communication

By using the Services, you agree to receive all communications related to your use of the Services in electronic form, including, but not limited to, emails sent to the email address associated with your account, and/or posted notices on the Services. By using the Services, you agree that all agreements, notices, disclosures, and other communications from Apptegy that are provided electronically will satisfy all legal requirements that communications be in writing. All notices from Apptegy will be deemed effective when sent to the email address associated with your account, or when posted publicly on the Services.

E. Entire Agreement; Relationship to Other Agreements; Assignment

These Terms and the Privacy Policy are the entire and exclusive agreement between Apptegy and you about the Services and supersede and replace any prior agreement or understanding between us. Notwithstanding the foregoing, for Users with a Client Agreement, the Client Agreement will also be part of our agreement.

Apptegy may offer additional services to supplement the Services (for example: marketing services). Supplemental services may require you to enter into a separate agreement with us and/or be subject to additional terms specific to the supplemental services. Supplemental services are in the sole discretion of Apptegy.

The agreement established by these Terms is made for the sole benefit of Apptegy and the User, and their respective successors and permitted assigns. Except as expressly provided in these Terms, no other person or entity is intended to or will have the rights or benefits provided under these Terms, whether as third party beneficiaries or otherwise. None of the Terms, nor any right, obligation, or remedy under the Terms is assignable, transferable, or sublicensable by you except with our prior written consent. Any attempted assignment, transfer, or sublicense by you without our prior written consent is null and void. Apptegy may assign, transfer, or delegate these Terms or any right or obligation or remedy under these Terms in its sole discretion.

F. Changes to Terms; Supplemental Terms

We may change these Terms from time to time in our discretion. The most current version will always be at the following link: https://www.apptegy.com/terms-and-conditions/. We encourage you to review it regularly. Any changes will be effective immediately upon us posting the updated Terms. If we make updates or changes, we will give notice by updating the posted date for these Terms. In some cases and in our sole discretion, we may provide additional notice (for example: by a pop-up or banner notice on the Services, or by sending you an email notification). By continuing to use the Services after changes are effective, you will be bound by the revised Terms. If you do not agree with any updates to these Terms, you may not continue to use the Services. Notwithstanding the foregoing, if we make updates or changes that materially change User rights with respect to personal information, or reduce the level of protection for personal information, we will comply with applicable law. We will provide you with advance notice on the Services and, if required by applicable law, request your consent. For impacted Clients, we will also provide notice to you via the contact information you have provided to us. Please return to this page periodically to ensure you are familiar with the most current version of these Terms.

G. Notices; Contact

General Notice. The Services are operated and provided by Apptegy, Inc., 2201 Brookwood Drive, Suite 115, Little Rock, Arkansas 72202. If you have any questions about the Services or these Terms, please contact us at legal@apptegy.com, or by writing to our mailing address, c/o Legal Department.

Notice for California Users. Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: These Services are operated and provided by Apptegy, Inc., 2201 Brookwood Drive, Suite 115, Little Rock, Arkansas 72202. If you have any questions about the Services or these Terms, please contact us at legal@apptegy.com or by writing to our mailing address, c/o Legal Department. California residents may reach the Consumer Assistance Unit of the Consumer Information Division of the California Department of Consumer Affairs, which may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or hearing-impaired persons may dial 711, 1-800-735-2929 (TTY), or 1-800-735-2922 (Voice) for California Relay Service.

Please feel free to contact us with respect to any question about the Services or these Terms at:

1-888-501-0024
legal@apptegy.com
Apptegy, Inc., 2201 Brookwood Drive, Suite 115, Little Rock, Arkansas 72202

By accessing or using the Services in any manner, including using the Services as an End User or only as a Visitor, you agree to and will be bound by all of the terms and conditions contained in these Terms, and all additional terms, conditions, rules, policies, and/or procedures that may be published by Apptegy from time to time on or through the Services, each of which is incorporated by reference and may be updated by Apptegy at any time without notice to you. These Terms apply to all users of the Services without exception.

Effective: May 31, 2023