Terms of Service

1. Who these Terms cover

• Customer: the choir, orchestra, band, school, church, district or other organization that has an Attendissimo organization account.
• Administrator: a person the Customer authorizes to manage its account, such as a director, board member or technical administrator.
• Member: anyone the Customer adds to its roster, whether or not they have their own login.
• User: anyone who signs in to the Service, including Administrators and Members with app access.
• Customer Data: everything the Customer and its Users put into the Service, such as member names, contact details, voice parts, attendance, events, seating, music library entries and links.

Customers are responsible for their Users' use of the Service. Users who are not Administrators use the Service at the Customer's invitation and must follow Sections 7 and 8 of these Terms.

2. Accounts and eligibility

• Administrators must be at least 18 years old.
• A User must be at least 13 years old to have their own login, unless the Customer has first obtained the consent required by law for a younger child. For a school, that may be the school's own consent for educational use; for any other organization, it is verifiable consent from a parent or guardian. A Customer may list children of any age on its roster without giving them a login.
• Keep sign-in credentials confidential. You are responsible for activity under your account. Tell us promptly at info@hexindustries.io if you believe an account has been compromised.
• Information you give us when you sign up must be accurate. New organizations are reviewed and set up by us before they can be used, and we may decline an organization at our discretion.

3. Plans, fees and billing

• Plans. The Service is offered in a Free plan and paid plans. What each plan includes, its limits and its current price are shown on our pricing page and in the Billing section of the app. We may add features to any plan at any time.
• Payment. Paid plans are billed in advance, monthly or annually, through our payment processor, Stripe. A payment card is required to start any paid plan, including a free trial or a plan discounted to zero. We do not receive or store full card numbers.
• Automatic renewal. Paid plans renew automatically at the end of each billing period for the same length of period until canceled.
• Trials and promotional pricing. A free trial converts to a paid plan and is charged when the trial ends unless canceled before then. Discounts and promotion codes apply for the period and on the terms stated when they are redeemed.
• Price changes. We will give Administrators at least 30 days' notice of a price increase. It takes effect at the next renewal after the notice period.
• Taxes. Fees do not include taxes. The Customer is responsible for any sales, use or similar taxes that apply, other than taxes on our income.
• Cancellation. An Administrator with billing access can cancel at any time from the Billing section. Cancellation takes effect at the end of the current billing period, and the paid plan stays in effect until then.
• Refunds. Fees are non-refundable, including for partial billing periods and unused features, except where the law requires otherwise.
• Failed payments. If a payment fails, the paid plan continues for 7 days after the end of the billing period while Stripe retries the charge. After that, the organization is treated as being on the Free plan until payment succeeds.
• Purchase orders and invoices. Organizations that need to pay by purchase order or invoice can arrange that with us by email. Any separately signed order form controls over this Section for that organization.

4. Plan limits and changing plans

• Each plan has limits, such as the number of active members, groups and administrator accounts, and a set of included features. Members marked inactive do not count toward the member limit.
• When an organization reaches a limit, the Service will not let it add more until it is back under the limit or on a plan that allows more.
• Nothing is deleted when a plan changes. If an organization moves to a plan with lower limits or fewer features, including when a paid plan ends, existing Customer Data is kept. Features the new plan does not include become read-only or hidden until the organization returns to a plan that includes them.
• The Free plan is provided without charge and without any service commitment. We may change what it includes, with notice to Administrators.

5. Customer Data

• Ownership. The Customer owns its Customer Data. We claim no ownership of it.
• Our use. The Customer gives us permission to host, copy, process and display Customer Data only as needed to provide, secure and support the Service, to prevent abuse, and as required by law. We do not sell Customer Data and do not use it for advertising. We may use aggregated usage information that does not identify the Customer or any person to operate and improve the Service.
• Customer responsibilities. The Customer is responsible for the Customer Data it enters and for having the right to enter it. That includes giving any notices and obtaining any consents required by law or by its own policies before adding people's information, especially information about minors.
• Export and deletion. Administrators can edit and remove Customer Data in the app. Within 30 days after an organization's account ends, an Administrator can ask us for an export of its Customer Data in a common format such as CSV. We delete Customer Data from the live Service within 90 days after the account ends, unless the law requires us to keep it. Copies in backups are deleted as those backups expire on their normal schedule.
• Audit records. Some plans include an audit log that records changes to Customer Data. Audit entries cannot be edited or deleted by Users, including Administrators, while the account is active.

6. Schools and student information

This Section applies when the Customer is a school, school district or other educational institution.

• To the extent Customer Data includes education records under the Family Educational Rights and Privacy Act (FERPA), the Customer designates us as a school official with a legitimate educational interest in that data. We will use education records only to provide the Service to the Customer, remain under the Customer's direct control with respect to their use and maintenance, and not disclose them to anyone except our service providers who help us run the Service, or as the Customer directs, or as the law requires.
• Where the Children's Online Privacy Protection Act (COPPA) applies, the Customer may consent on behalf of parents to the collection of information from students under 13 solely for the school's educational purposes, and is responsible for doing so before giving those students a login.
• If a school or district requires its own student data privacy agreement, contact us. A signed agreement of that kind controls over this Section.

7. Acceptable use

You must not:

• use the Service for anything unlawful, or to harass, threaten or harm anyone;
• enter information you have no right to use, or anyone's sensitive information (such as government identification or financial account numbers) that the Service does not ask for;
• try to access another organization's data, another User's account, or any part of the Service you have not been given access to;
• probe, scan or test the Service's security, or interfere with or disrupt it, including by overloading it with automated requests;
• work around plan limits, usage limits or access controls;
• copy, resell or sublicense the Service, or use it to build a competing product;
• upload malicious code or content that infringes someone else's rights.

If you find a security problem, please report it to info@hexindustries.io rather than exploiting it.

8. Music and other content

• Links, files, titles and notes Users add to the music library and events are Customer Data. The Customer is responsible for having the right to share them with its Members, including under copyright and any licenses for scores and recordings.
• If you believe content in the Service infringes your copyright, send a notice to info@hexindustries.io identifying the work, the content, where it appears, and your contact details. We will review it and may remove or disable access to the content.

9. Third-party services

The Service relies on third-party providers, including hosting, email delivery and payment processing providers. Stripe's terms apply to payments.

The music library's video search uses YouTube API Services. By using that feature you agree to the YouTube Terms of Service (https://www.youtube.com/t/terms), and Google's Privacy Policy (https://policies.google.com/privacy) applies to information YouTube receives. Videos you link to are provided by YouTube, not by us.

We are not responsible for third-party websites or content you choose to link to or open from the Service.

10. Security and privacy

We use reasonable administrative, technical and physical safeguards designed to protect Customer Data. Each organization's data is kept in its own isolated database schema, access within an organization is limited by role, and data is encrypted in transit and at rest. Customer Data is hosted in the United States. If we confirm a security breach that affects a Customer's data, we will notify its Administrators without undue delay and tell them what we know.

Our Privacy Policy (https://attendissimo.com/privacy) explains what personal information we collect and how we use it, and is part of these Terms.

11. Availability, changes and support

• The Service is under active development and in early release. We will work to keep it available and reliable, but we do not guarantee it will be uninterrupted or error-free, and there is no uptime commitment unless one is in a separately signed agreement.
• We may change, add or remove features. If we remove a feature that paid plans rely on in a way that materially reduces the Service, we will give Administrators reasonable notice.
• Support is available at info@hexindustries.io or by phone or text at 443-249-9823. Our target response time is within 24 hours, and within 4 hours on plans that include priority support. These are targets, not guarantees. Text messaging is covered by the SMS Terms in our Privacy Policy; text STOP at any time to stop receiving messages.

12. Our intellectual property and feedback

We own the Service, including its software, design, and the Attendissimo name and logo. These Terms give the Customer and its Users the right to use the Service during the subscription, subject to these Terms, and no other rights. If you send us suggestions or feedback, we may use them without any obligation to you.

13. Suspension and termination

• The Customer may stop using the Service and cancel at any time as described in Section 3.
• We may suspend access for a User or an organization if we reasonably believe it is needed to prevent harm to the Service, other customers or anyone else, or if these Terms are seriously violated. Where practical we will give notice first and restore access once the problem is resolved.
• We may terminate an organization's account for a material breach of these Terms that is not fixed within 30 days after we give notice, or immediately for serious or repeated violations of Section 7.
• If we end the Service for all customers, we will give at least 60 days' notice and refund any prepaid fees for the period after it ends.
• Sections 5 (export and deletion), 12, 14, 15, 16 and 18 continue after the account ends.

14. Disclaimers

Except as expressly stated in these Terms, the Service is provided "as is" and "as available". To the fullest extent the law allows, we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. The Customer is responsible for decisions it makes using information in the Service, such as attendance or eligibility decisions.

15. Limitation of liability

To the fullest extent the law allows:

• neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, arising out of these Terms or the Service, even if told they were possible; and
• each party's total liability arising out of these Terms or the Service is limited to the greater of the amounts the Customer paid us for the Service in the 12 months before the event giving rise to the claim, or US $100.

These limits do not apply to the Customer's obligation to pay fees, to a party's liability for its own fraud or willful misconduct, or where the law does not permit them.

16. Indemnity

The Customer will defend and indemnify Hex Industries against third-party claims arising from Customer Data or from the Customer's or its Users' violation of these Terms or the law, and pay resulting damages and reasonable costs finally awarded or agreed in settlement. We will promptly tell the Customer about the claim and let it control the defense.

17. Public and educational institutions

If the Customer is a public school, district, college, government body or other public entity, provisions of these Terms apply only to the extent the law governing the Customer permits. That includes Section 16 and the governing law and venue in Section 18. Where such a provision is not permitted, it is modified to the minimum extent needed to comply.

18. Governing law and disputes

These Terms are governed by the laws of the State of Maryland, without regard to its conflict of laws rules. Any dispute arising from these Terms or the Service will be brought in the state or federal courts located in Maryland, and both parties consent to their jurisdiction. Before filing a claim, each party will first try to resolve the dispute informally by contacting the other in writing and allowing 30 days for a response.

19. Changes to these Terms

We may update these Terms. For changes that materially affect Customers, we will notify Administrators by email or in the app at least 30 days before the change takes effect. Continuing to use the Service after the effective date means acceptance of the updated Terms. If a Customer does not agree to a change, it may cancel before the change takes effect, and for an annual plan we will refund the prepaid fees for the remaining full months.

20. General

• Entire agreement. These Terms, the Privacy Policy and any separately signed order form or data agreement are the entire agreement between the Customer and us about the Service. A signed agreement controls over these Terms where they conflict.
• Assignment. Neither party may assign these Terms without the other's consent, except to a successor in a merger or sale of substantially all of the relevant business, with notice.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, other than payment obligations.
• Severability and waiver. If any provision is found unenforceable, the rest remains in effect. Not enforcing a provision is not a waiver of it.
• Notices. We send notices to the email address of the organization's Administrators on file. Send notices to us at info@hexindustries.io.
• No third-party beneficiaries. These Terms do not give rights to anyone other than the Customer and us.