Terms of Service

1. Acceptance of Terms

1.1 Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Signup Square ("Signup Square," "Company," "we," "us," or "our"), governing your access to and use of the Signup Square website located at signupsquare.com (the "Site"), our mobile applications (the "Apps"), and all related services, features, content, and applications offered by Signup Square (collectively, the "Services").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.

1.2 Additional Terms

Certain features or services offered on or through the Services may be subject to additional terms, guidelines, or rules ("Additional Terms"), which will be posted on the Services in connection with such features. All Additional Terms are incorporated by reference into these Terms. In the event of a conflict between these Terms and any Additional Terms, the Additional Terms will control with respect to that specific feature or service.

1.3 Changes to Terms

We reserve the right, in our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Services.

1.4 Eligibility

You must be at least 18 years of age (or the age of legal majority in your jurisdiction) to use the Services. By using the Services, you represent and warrant that you meet all eligibility requirements. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Services

2.1 Overview

Signup Square provides an online platform that enables users to create, share, and manage signups, registrations, and coordination activities for various purposes, including but not limited to:

• Event registrations and RSVPs
• Volunteer coordination and scheduling
• School and classroom activities
• Sports team management
• Potluck and meal coordination
• Fundraising and donation collection
• Appointment and time slot booking
• Item and supply sign-ups

2.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content, with or without notice. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

2.3 No Guarantee of Availability

While we strive to provide reliable Services, we do not guarantee that the Services will be available at all times, or that access will be uninterrupted, timely, secure, or error-free. We are not responsible for any disruptions, delays, or defects in the Services.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Services, you may be required to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your password and accept all risks of unauthorized access
• Immediately notify us if you discover or suspect any security breaches related to your account

3.2 Account Responsibilities

You are solely responsible for all activities that occur under your account, whether or not you have authorized such activities. You agree not to share your account credentials with any third party. We are not liable for any loss or damage arising from your failure to comply with these security obligations.

3.3 Account Termination

You may terminate your account at any time by contacting us or through your account settings. We reserve the right to suspend or terminate your account at any time, without prior notice or liability, for any reason, including if you breach these Terms.

4. User Conduct and Acceptable Use

4.1 General Conduct

You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation
• To transmit any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
• To impersonate or attempt to impersonate Signup Square, a Signup Square employee, another user, or any other person or entity
• To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services
• To interfere with or disrupt the Services or servers or networks connected to the Services

4.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Unauthorized Access: Attempting to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services
• Data Mining: Using any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission
• Interference: Interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services
• Circumvention: Attempting to bypass or circumvent measures employed to prevent or limit access to the Services
• Malicious Code: Uploading or transmitting viruses, worms, Trojan horses, or any other malicious code
• Spam: Using the Services to send unsolicited commercial communications or spam
• Fraud: Using the Services for any fraudulent or deceptive purpose
• Illegal Activities: Using the Services to facilitate or promote any illegal activity
• Intellectual Property Infringement: Infringing upon or violating our intellectual property rights or the intellectual property rights of others
• Reverse Engineering: Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of the Services
• Resale: Reselling or redistributing the Services without our prior written consent
• Competitive Use: Using the Services to develop a competing product or service

4.3 Signup-Specific Conduct

When creating or participating in signups, you agree to:

• Provide accurate and truthful information
• Honor your commitments and sign-up selections
• Communicate promptly if you need to cancel or modify your participation
• Respect the privacy of other participants
• Not use signups to collect sensitive personal information without proper consent
• Not create signups for illegal, harmful, or fraudulent purposes

5. User Content

5.1 User Content Defined

"User Content" means any content, including but not limited to text, images, photos, graphics, comments, signup information, and other materials, that you post, upload, share, or otherwise make available through the Services.

5.2 License to User Content

By posting or submitting User Content through the Services, you grant Signup Square a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating and providing the Services and our business, including for promotional purposes.

5.3 User Content Representations

You represent and warrant that:

• You own or have the necessary rights, licenses, consents, and permissions to use and authorize us to use your User Content
• Your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or other rights of any person or entity
• Your User Content is accurate and not misleading
• Your User Content does not contain any viruses, malware, or other harmful code

5.4 Content Moderation

We have the right, but not the obligation, to monitor, edit, or remove any User Content at any time and for any reason without notice. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content.

5.5 Content Removal

If you believe that any User Content violates these Terms or applicable law, please report it to us at abuse@signupsquare.com. We will investigate and take appropriate action.

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Services and all content, features, and functionality thereof, including but not limited to all information, software, text, displays, images, video, audio, design, selection, and arrangement (collectively, "Company Content"), are owned by Signup Square, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business purposes. This license does not include any right to:

• Resell or make any commercial use of the Services or Company Content
• Modify or make derivative works based upon the Services or Company Content
• Download, copy, or account information for the benefit of another party
• Use any data mining, robots, or similar data gathering and extraction tools

6.3 Trademarks

"Signup Square," the Signup Square logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Signup Square or its affiliates or licensors. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

6.4 Copyright Complaints (DMCA)

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

• A physical or electronic signature of the copyright owner or person authorized to act on their behalf
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing and where it is located on the Services
• Your contact information, including address, telephone number, and email
• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner
• A statement, made under penalty of perjury, that the information provided is accurate and that you are the copyright owner or authorized to act on their behalf

Our Copyright Agent can be reached at: copyright@signupsquare.com.

7. Payment Terms

7.1 Fees and Billing

Certain features of the Services may be offered on a subscription basis or require payment of fees. You agree to pay all applicable fees as described on the Services at the time of purchase. All fees are exclusive of applicable taxes, levies, or duties, and you are responsible for payment of all such taxes, levies, or duties.

7.2 Subscription Terms

If you purchase a subscription:

• Your subscription will automatically renew at the end of each billing period unless you cancel it before the renewal date
• You authorize us to charge your payment method on file for the applicable subscription fees
• Subscription fees are non-refundable except as expressly set forth herein or as required by law
• We may change subscription fees at any time with 30 days' prior notice; continued use after the effective date constitutes acceptance of the new fees

7.3 Payment Processing

When you collect payments through the Services (for registrations, donations, ticket sales, etc.), the following terms apply:

• Signup Square uses third-party payment processors to process payments
• You agree to comply with all applicable laws and payment network rules
• You are responsible for any disputes, chargebacks, or refunds related to your signups
• We may deduct processing fees from amounts collected on your behalf
• Funds will be disbursed to you according to our standard payout schedule, typically within 2-7 business days

7.4 Transaction Fees

For payment transactions processed through the Services, the following fees apply:

• Free Plan: 2.9% + $0.30 per transaction
• Pro Plan: 1.9% + $0.30 per transaction
• Enterprise Plan: Custom rates as agreed

Additional fees may apply for certain payment methods, currencies, or transaction types.

7.5 Refund Policy

For Signup Square Subscriptions: We offer a 30-day money-back guarantee for paid subscription plans. If you are not satisfied, contact us within 30 days of your initial purchase for a full refund.

For Payments Collected Through Signups: Organizers are responsible for establishing and communicating their own refund policies to participants. Signup Square is not responsible for processing refunds between organizers and participants. Disputes should be resolved directly between the parties.

7.6 Taxes

You are responsible for determining what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report, and remit the correct tax to the appropriate tax authority. Signup Square is not responsible for determining whether taxes apply to your transaction or for collecting, reporting, or remitting any taxes arising from any transaction.

8. Third-Party Services and Links

8.1 Third-Party Services

The Services may integrate with or provide links to third-party websites, applications, or services ("Third-Party Services"). We have no control over and assume no responsibility for the content, privacy policies, or practices of any Third-Party Services. Your use of Third-Party Services is at your own risk and subject to the terms and policies of those third parties.

8.2 Third-Party Content

We may display content from third parties through the Services. We do not control, endorse, or adopt any third-party content and make no representations or warranties regarding such content. You acknowledge and agree that we are not responsible or liable for any third-party content.

9. Disclaimers

9.1 "As Is" and "As Available"

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SIGNUP SQUARE NOR ANY PERSON ASSOCIATED WITH SIGNUP SQUARE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES.

9.2 Disclaimer of Warranties

TO THE FULLEST EXTENT PROVIDED BY LAW, SIGNUP SQUARE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

Without limiting the foregoing, we do not warrant that:

• The Services will function uninterrupted, securely, or be available at any particular time or location
• Any errors or defects will be corrected
• The Services are free of viruses or other harmful components
• The results of using the Services will meet your requirements
• The quality of any products, services, information, or other material obtained through the Services will meet your expectations

9.3 No Professional Advice

The Services do not provide legal, financial, tax, or professional advice. Any information provided through the Services is for general informational purposes only and should not be relied upon as professional advice. You should consult with appropriate professionals before making any decisions based on information obtained through the Services.

9.4 User Interactions

You are solely responsible for your interactions with other users and any other parties with whom you interact through the Services. We are not responsible for the conduct of any user and do not verify the identity or credentials of users. We reserve the right, but have no obligation, to become involved in disputes between users.

10. Limitation of Liability

10.1 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SIGNUP SQUARE, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

10.2 Cap on Liability

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO SIGNUP SQUARE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

10.3 Exceptions

The limitations of liability set forth above do not apply to liability resulting from our gross negligence or willful misconduct, or to the extent such limitations are prohibited by applicable law.

10.4 Basis of the Bargain

You acknowledge that the disclaimers and limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and Signup Square, and that the disclaimers and limitations of liability form an essential basis of the bargain between you and Signup Square. Signup Square would not be able to provide the Services to you on an economically reasonable basis without these limitations.

11. Indemnification

You agree to defend, indemnify, and hold harmless Signup Square, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Services, including any data or content transmitted or received by you
• Your User Content or signups you create
• Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or publicity right
• Your violation of any applicable law, rule, or regulation
• Any claim or damages that arise as a result of any of your User Content or any that are submitted via your account
• Any other party's access and use of the Services with your unique username, password, or other appropriate security code

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before filing a claim against Signup Square, you agree to try to resolve the dispute informally by contacting us at legal@signupsquare.com. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 60 days of submission, you or Signup Square may bring a formal proceeding.

12.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Signup Square agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND SIGNUP SQUARE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

12.3 Arbitration Rules

The arbitration will be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures, as modified by this arbitration provision. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable.

12.4 Arbitration Location and Fees

Any arbitration hearings will take place in San Francisco, California, or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Signup Square may elect to have the arbitration conducted by telephone or based solely on written submissions. Payment of all filing, administration, and arbitrator fees will be governed by the JAMS Rules.

12.5 Class Action Waiver

YOU AND SIGNUP SQUARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and Signup Square agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

12.6 Severability of Arbitration Provision

If the class action waiver in Section 12.5 is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, and all disputes will be resolved in a court of law.

12.7 Opt-Out

You may opt out of this arbitration provision within 30 days of first accepting these Terms by sending written notice of your decision to opt out by email to legal@signupsquare.com. Your notice must include your name, address, email address, and an unequivocal statement that you want to opt out of this arbitration agreement. If you opt out, the remainder of these Terms will continue to apply to you.

13. Governing Law and Jurisdiction

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Subject to the arbitration provision above, any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in San Francisco County, California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. Termination

14.1 Termination by You

You may terminate your account at any time by contacting us or through your account settings. Upon termination, your right to use the Services will immediately cease.

14.2 Termination by Us

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Services will immediately cease.

14.3 Effect of Termination

Upon termination of your account:

• All rights and licenses granted to you under these Terms will immediately terminate
• You must cease all use of the Services
• Any outstanding payment obligations will remain due
• We may delete your account information and User Content, though some information may be retained as required by law or for legitimate business purposes
• Provisions that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any Additional Terms, constitute the entire agreement between you and Signup Square regarding your use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

15.2 Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

15.3 Waiver

No waiver by Signup Square of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Signup Square to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

15.5 Notices

Any notices or other communications provided by Signup Square under these Terms will be given by posting to the Services or by email to the email address associated with your account. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

15.6 Force Majeure

Signup Square shall not be liable for any failure or delay in performance under these Terms arising out of any cause beyond Signup Square's reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15.7 Export Control

You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by OFAC, and the International Traffic in Arms Regulations maintained by the U.S. Department of State.

15.8 Government Use

If you are a U.S. government entity, the Services are provided as "commercial items" as defined in 48 C.F.R. §2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are defined in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. The Services are licensed to you under these Terms, which represent the agreement between the parties with respect to the Services, and supersede any conflicting terms that may be contained in any purchase order, acceptance, or other writing.

15.9 California Residents

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

15.10 International Use

The Services are controlled and operated from the United States. We make no representation that the Services are appropriate or available in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

16. Contact Information

If you have any questions about these Terms, please contact us at:

• Signup Square
• Email: legal@signupsquare.com

17. Acknowledgment

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.