Terms & Conditions

Last updated: September 04, 2025

1. Interpretation and Definitions

Capitalized terms have the meanings set forth below. Words used in the singular include the plural and vice versa.

Definitions

• Affiliate: Any entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the voting interests.
• Account: A unique account registered to access the Service.
• Organization: A church, school, or other entity that subscribes to and administers the Service (e.g., Claremore Church).
• Controller: The Organization that determines the purposes and means of processing personal information within the Service.
• Processor / Service Provider: Apptendance, which processes personal information on behalf of the Organization.
• Parent/Guardian: An adult user who submits a child’s information into the Service.
• Service: The Apptendance web application, website, APIs, and related tools for guest and children’s check‑in, attendance management, and label printing.
• Subscription: A paid plan that grants an Organization access to the Service for a recurring period.
• Website: apptendance.io and any related domains or subdomains controlled by Apptendance.
• You / User: The individual accessing or using the Service. If you are acting on behalf of an Organization, “You” means that Organization.
• Country: Oklahoma, United States.

2. About the Service and Roles

The Service is provided to Organizations to facilitate guest and children’s check‑in, attendance management, and label printing. The Organization is the Controller for the data it enters or manages in the Service. Apptendance acts as a Processor and service provider, operating the platform on the Organization’s behalf.

3. Eligibility and Accounts

• You must be at least 18 years old to create or administer an Account.
• Children under 18 are not permitted to register Accounts or directly use the Service. Parents/Guardians may enter child information; children are not direct users.
• You agree to provide accurate, current, and complete information and to keep your credentials secure. You are responsible for all activities under your Account.
• Notify us immediately of any unauthorized use of your Account or security incident.

4. Parent/Guardian Data Responsibilities

Parents/Guardians are solely responsible for the accuracy, completeness, and timeliness of information they provide (including allergy/medical notes, emergency contacts, custody or pickup authorizations). Neither Apptendance nor the Organization is liable for harm arising from inaccurate, incomplete, or out‑of‑date information provided by Parents/Guardians.

5. Acceptable Use

You agree not to:

• Use the Service in violation of any applicable law or regulation.
• Upload or transmit malicious code, attempt to probe, scan, or test the vulnerability of any system, or circumvent security or authentication measures.
• Interfere with or disrupt the integrity or performance of the Service.
• Misuse the Service to store unlawful, defamatory, or infringing content.
• Impersonate any person or entity or misrepresent your affiliation.

6. Subscriptions, Billing, and Trials

• Customer of Record. Subscriptions are between Apptendance and the Organization. Parents/Guardians are not billed by Apptendance.
• Billing Cycle. Subscription fees are billed in advance on a recurring basis (e.g., monthly or annually) according to the selected plan.
• Auto‑Renewal. Subscriptions renew automatically unless canceled before the end of the current term.
• Cancellations. The Organization may cancel renewal via the Account or by contacting support. Fees for the current term are non‑refundable except where required by law.
• Fee Changes. We may modify fees effective on renewal, with reasonable prior notice so Organizations can cancel before changes take effect.
• Free Trials. We may offer free trials at our discretion and may modify or terminate a trial at any time.
• Payment Information. The Organization must provide accurate billing details and a valid payment method. If automatic billing fails, an electronic invoice may be issued for manual payment by the due date.

7. Data, Backups, and Availability

• Data Ownership. As between the parties, the Organization owns its records within the Service.
• Backups. We maintain reasonable backups; however, we cannot guarantee that data will never be lost or corrupted. The Organization should maintain independent copies of critical information when appropriate.
• Availability. We strive for reliable Service but do not guarantee uninterrupted or error‑free operation. Maintenance windows or outages may occur.

8. Privacy and Children’s Data

Use of the Service is governed by our Privacy Policy. The Service is intended for adult users. We do not knowingly collect information directly from children under 13. Parents/Guardians enter child data and, by doing so, confirm their authority and consent to processing for attendance, safety, and program administration.

9. Intellectual Property

The Service and all associated software, features, and original content are owned by Apptendance or its licensors and are protected by applicable intellectual property laws. You may not use our trademarks, trade dress, or branding without prior written consent.

10. Copyright/DMCA

We respect intellectual property rights. If you believe content accessible via the Service infringes your copyright, notify our agent at support@apptendance.io with the information required by 17 U.S.C. §512(c)(3). We may remove or disable access to allegedly infringing material at our discretion.

11. Third‑Party Links and Services

The Service may include links to third‑party websites or services. We are not responsible for third‑party content, policies, or practices. Accessing third‑party resources is at your own risk.

12. Termination and Suspension

We may suspend or terminate access to the Service (or parts of it) immediately and without liability if you breach these Terms or if required by law. Upon termination, your right to use the Service ceases. Organizations remain responsible for fees due through the end of the then‑current term.

13. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, APPTENDANCE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. WE DO NOT WARRANT THAT THE SERVICE WILL MEET REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, OR BE ERROR‑FREE OR SECURE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPTENDANCE AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY THE ORGANIZATION TO APPTENDANCE FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR (B) USD $100 IF NO SUCH PAYMENTS HAVE BEEN MADE.

WITHOUT LIMITING THE FOREGOING, APPTENDANCE IS NOT LIABLE FOR (I) INACCURATE OR INCOMPLETE INFORMATION PROVIDED BY PARENTS/GUARDIANS, (II) CONSEQUENCES OF MISSING OR INCORRECT ALLERGY/MEDICAL/CONTACT INFORMATION, OR (III) ORGANIZATIONAL DECISIONS OR ACTIONS TAKEN USING THE SERVICE.

15. Compliance and Export

You represent that you are not located in a country subject to U.S. embargo or on any U.S. government list of prohibited parties. You agree to comply with applicable laws when using the Service.

16. Governing Law; Venue

These Terms are governed by the laws of the State of Oklahoma, without regard to its conflict of laws rules. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Tulsa County, Oklahoma, for any dispute not subject to arbitration (if mutually agreed in writing).

17. Dispute Resolution

If you have a concern or dispute, contact us first at support@apptendance.io. The parties will attempt to resolve disputes informally in good faith before pursuing formal remedies.

18. Changes to the Service or Terms

We may modify or discontinue all or part of the Service at any time. We may update these Terms from time to time. Material changes will be notified through the Service or by email when appropriate. Your continued use of the Service after changes become effective constitutes acceptance.

19. Severability; Waiver

If any provision of these Terms is held unenforceable, it will be modified to achieve the intent to the maximum extent permitted, and the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver of our right to do so later.

20. Entire Agreement

These Terms constitute the entire agreement between you (or the Organization you represent) and Apptendance regarding the Service and supersede prior or contemporaneous agreements on the subject. In the event of a conflict between these Terms and a separately signed order form or master services agreement with an Organization, the signed agreement controls.

21. Contact

If you have questions about these Terms, contact:

• Email: support@apptendance.io