Terms of Service

These Terms of Service (the "Terms") govern your use of websites, services, platforms, applications (collectively referred to as the "Service"), whether accessed via computer, mobile device or otherwise, provided by Attendly, Inc. ("we," "us," "our," or "Attendly"). Each time you access or use the Service, and any software, service, feature, product, program, and element (including e-mail messages, notifications, and other messages) provided by or on behalf of Attendly on or in connection with the Service, you are agreeing to the terms and conditions of these Terms. Additional terms and conditions may apply to the Service if we post such terms within the Service or if we signed a separate agreement with you.

References to "you", "your" or "user" in these Terms are referring to the customer or end user (parents, teachers, admin staff, or other user type that is accessing the Service, or a visitor to the public website) entering into these Terms.

MINORS: THE SERVICE IS NOT INTENDED FOR USE BY MINORS. ACCESSING THE SERVICE OR ANY ACCOUNT REQUIRES SUPERVISION OF A PARENT OR LEGAL GUARDIAN IF YOU ARE A MINOR.

EDUCATORS: IF YOU ARE A TEACHER, ADMIN, MEMBER OF STAFF, OR OTHER EMPLOYEE OF A CUSTOMER, WHETHER IN A PUBLIC OR PRIVATE SCHOOL OR EDUCATIONAL ORGANIZATION, THEN, YOU ARE REPRESENTING AND WARRANTING TO US THAT YOU ARE AUTHORIZED TO AGREE TO THESE TERMS ON BEHALF OF YOUR ORGANIZATION.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS INCLUDE, WITHOUT LIMITATION, BINDING ARBITRATION PROVISIONS THAT REQUIRE YOU TO SUBMIT TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES (AS OPPOSED TO JURY TRIALS OR CLASS ACTION LAWSUITS).

1. Accounts

In order to access the Service, you may be asked to register for an account with Attendly ("Account") by providing certain requested information. You represent and warrant that: (a) all information you submit is true, accurate, current, and complete and (b) you will maintain the accuracy of such information. You may not impersonate someone else to create an Account; create or use an Account for anyone other than yourself; permit anyone else to use your Account; or provide another person's personal information for purposes of Account registration. Once you have an Account, you are responsible for all activities that occur in connection with your Account. You will keep your Account access credentials confidential and will not disclose such credentials to any third party. You agree to immediately notify us if you have any reason to believe that your Account credentials have been compromised or that there is, was, may be, or may have been any unauthorized use of your account or password, or any other breach of security.

2. Access to the Service

2.1 Use License

Unless there is a mutually executed written agreement between you and us stating otherwise, we grant you a limited, personal, non-exclusive, non-sublicensable, non-transferable, non-commercial, revocable license to access and make personal use of the Service based on the applicable subscription relevant to you ("Use License"). This Use License is subject to your full compliance with these Terms.

2.2 Certain Restrictions

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you shall not access the Service in order to build a similar or competitive website, product, or service; (d) use the Service in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation; (e) you shall not use any data mining tools, spiders, robots, or similar data gathering and extraction tools; and (f) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to these Terms. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof. If we have reasonable grounds to believe you are utilizing the Service in violation of this Section, we may, in our sole discretion, suspend the Service immediately with or without notice to you.

2.3 Modification

We reserve the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.

2.4 No Support or Maintenance

You acknowledge and agree that, except as expressly as otherwise agreed in writing between you and us, we have no obligation to provide you with any support or maintenance in connection with the Service.

3. Ownership

3.1 Reservation of Rights

Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Service and its content are owned by Attendly or our suppliers. Neither these Terms (nor your access to the Service) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. We and our suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.

3.2 Feedback

If you provide Attendly with any feedback or suggestions regarding the Service ("Feedback"), you hereby assign to Attendly all rights in such Feedback and agree that Attendly shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Attendly will treat any Feedback you provide to Attendly as non-confidential and non-proprietary. You agree that you will not submit to Attendly any information or ideas that you consider to be confidential or proprietary.

4. User Content

4.1 Definition

"User Content" means any and all information and content that a user submits, uploads, posts, or creates on or to the Service, excluding Student Data (as defined in Section 5). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined below). You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by Attendly. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Attendly is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

4.2 License

You hereby grant (and you represent and warrant that you have the right to grant) to Attendly an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, to develop, enhance, provide, and make available the Service. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. This license does not apply to Student Data, which is governed exclusively by Section 5.

4.3 Acceptable Use Policy

The following terms constitute our "Acceptable Use Policy":

You agree not to use the Service to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Service to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Service; or (vi) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

4.4 Enforcement

We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 11, and/or reporting you to law enforcement authorities.

4.5 Privacy Policy

All personal information we collect through the Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your personal information and personal information of third parties that you submit to the Service in compliance with our Privacy Policy, hereby incorporated herein. You can view our Privacy Policy at attendly.com/trust-center/privacy-policy.

5. Student Data

This Section 5 applies when the Service is used by or on behalf of a K-12 educational institution, school district, or local education agency ("Educational Institution") and governs the handling of student personal information.

5.1 Definition

"Student Data" means any information that (a) is directly related to an identifiable current or former student, (b) is maintained by or on behalf of an Educational Institution, and (c) is provided to or collected by Attendly in connection with the provision of the Service to an Educational Institution. Student Data includes "education records" as defined by the Family Educational Rights and Privacy Act ("FERPA"), "student data" as defined by the California Student Online Personal Information Protection Act ("SOPIPA"), and "pupil records" as defined by California Education Code Section 49073.1 ("AB 1584").

5.2 Ownership

Student Data is and remains the property of the Educational Institution. Nothing in these Terms shall be construed to grant Attendly any ownership rights in Student Data. Attendly acknowledges that it has no rights in Student Data except as expressly granted herein to provide the Service.

5.3 School Official Status

When processing Student Data, Attendly acts as a "school official" with "legitimate educational interests" under FERPA, meaning Attendly: (a) performs services that the Educational Institution would otherwise perform itself; (b) is under the direct control of the Educational Institution with respect to the use and maintenance of Student Data; and (c) uses Student Data only for the authorized purposes specified in the applicable agreement with the Educational Institution.

5.4 Permitted Uses

Attendly shall use Student Data solely for the purpose of providing the Service to the Educational Institution in accordance with the applicable agreement and these Terms. Attendly shall not use Student Data for any other purpose.

5.5 Prohibited Uses

Attendly shall NOT:

• Use Student Data for targeted advertising or marketing purposes;
• Use Student Data to create advertising or marketing profiles of students;
• Sell, rent, or trade Student Data to any third party;
• Disclose Student Data to any third party except as directed by the Educational Institution, as required to provide the Service, or as required by law;
• Retain Student Data beyond the period necessary to provide the Service, unless authorized by the Educational Institution; or
• Use Student Data for any purpose not explicitly authorized by the Educational Institution.

5.6 Data Security

Attendly shall maintain reasonable administrative, technical, and physical safeguards to protect Student Data, including:

• Encryption of Student Data in transit using TLS 1.2 or higher;
• Encryption of Student Data at rest using AES-256;
• Role-based access controls limiting access to authorized personnel; and
• Regular security monitoring and assessments.

5.7 Data Breach Notification

In the event of any unauthorized access to, or disclosure of, Student Data (a "Security Incident"), Attendly shall:

• Notify the affected Educational Institution within forty-eight (48) to seventy-two (72) hours of confirming the Security Incident;
• Provide the Educational Institution with information regarding the nature of the Security Incident, the types of data affected, and the steps taken to mitigate harm; and
• Cooperate with the Educational Institution in its investigation and notification efforts.

5.8 Data Return and Deletion

Upon termination or expiration of the agreement with an Educational Institution, or upon written request:

• Attendly shall, at the Educational Institution's election, return or delete all Student Data within sixty (60) days;
• Prior to deletion, the Educational Institution may request export of Student Data in a commonly available format; and
• Attendly shall certify in writing to the Educational Institution that Student Data has been deleted upon request.

5.9 Parental Rights

Attendly acknowledges that parents and guardians have rights under FERPA and other applicable laws to access, review, and request correction or deletion of their child's education records. Requests to exercise such rights should be directed to the Educational Institution, and Attendly will cooperate with the Educational Institution to fulfill such requests.

5.10 Compliance

Attendly represents and warrants that it complies with all applicable federal and state laws governing student data privacy, including FERPA, the Children's Online Privacy Protection Act ("COPPA"), SOPIPA, and AB 1584, in its collection, use, and disclosure of Student Data.

5.11 Conflict

In the event of any conflict between this Section 5 and any other provision of these Terms with respect to Student Data, this Section 5 shall govern. In the event of any conflict between these Terms and a separately executed agreement between Attendly and an Educational Institution (including any Student Data Privacy Agreement), the separately executed agreement shall govern.

6. Payment Terms

If you make payments through the Service, the following terms apply:

6.1 Payment Processing

All payments are processed by Stripe, Inc. ("Stripe"), a third-party payment processor. By making a payment through the Service, you agree to Stripe's Terms of Service, available at https://stripe.com/legal.

6.2 Payment Information

Payment card information is collected and processed directly by Stripe. Attendly does not store complete payment card numbers on our servers. Stripe is a PCI DSS Level 1 certified payment processor.

6.3 Authorization

You authorize Attendly to charge the payment method you provide for all fees and charges associated with the Service, including any applicable taxes.

6.4 Refunds

Refund policies are determined by the applicable Customer (school/district). For refund requests, contact your school or school district directly.

6.5 Payment Disputes

Payment disputes should first be directed to your school or school district. For billing errors, contact support@attendly.com.

7. Third-Party Services

We may provide you with access to, or enable third-party software, integrations, applications, products, services or website links (collectively, "Third-Party Services") for your consideration or use, including via the Service. Such Third-Party Services are made available only as a convenience, and your purchase, access, or use of any such Third-Party Services is solely between you and the applicable provider of such Third-Party Services (each a "Third-Party Provider"). In addition to these Terms, you also agree to be bound by the additional service-specific terms applicable to Third-Party Services.

Your use of Third-Party Services offered through the Service is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and privacy policies applicable to such Third-Party Services before using them. We expressly disclaim any and all liability in connection with your use of any Third-Party Services or any content provided by any Third-Party Services. The integration or enabling of such Third-Party Services with our Service does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Attendly. We do not guarantee the availability of Third-Party Services, and you acknowledge that we may disable access to any Third-Party Services at any time in its sole discretion and without notice to you.

If you enable a Third-Party Service in conjunction with your use with the Service, you grant Attendly permission to take any actions as required for the interoperation of the Third-Party Service with the Service, including to receive data related to users and students hosted by such Third-Party Service ("Third-Party User Data"). Attendly is not responsible for any disclosure, modification, or deletion of User Data or Third-Party User Data, or for any corresponding losses or damages you may suffer, as a result of interoperation between the Service and a Third-Party Service. For the avoidance of doubt, any Student Data received from Third-Party Services shall be subject to Section 5.

8. Disclaimers

8.1 Accuracy

Each user is solely responsible for any and all of its own User Content. Because we do not control User Content or Third-Party User Data, you acknowledge and agree that we are not responsible for the accuracy or completeness of any User Content or Third-Party User Data. The Service may allow you to create or generate reports and other content based upon User Content and Third-Party User Data, including for purposes of compliance reporting ("Reports"). You agree that you must evaluate, and bear all risks associated with, the use of any Reports, including any reliance on the accuracy, completeness, or usefulness of such Reports. You acknowledge that we make no guarantees regarding the accuracy, completeness, or usefulness of any Reports, for compliance reporting or any other purpose. You may not represent or imply to others that any Report is in any way provided, sponsored, or endorsed by Attendly.

8.2 Compliance

You are solely responsible for your compliance with all applicable local, state, federal, and other laws, regulations, and requirements ("Laws"). Attendly makes no guarantee regarding any customer's compliance with Laws, and is not responsible for any losses or damages a customer may suffer as a result of customer's failure to comply with Laws. Notwithstanding the foregoing, Attendly is responsible for its own compliance with applicable student data privacy laws as set forth in Section 5.

8.3 Warranty Disclaimer

THE SERVICE, INCLUDING THE CONTENT AND ALL INFORMATION, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU, IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, AND ATTENDLY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. Indemnification

You agree to indemnify, hold us harmless and, at our option, defend us and our affiliates, and our officers, directors, employees, stockholders, agents and representatives from any and all third-party claims, liability, damages and costs (including, but not limited to, reasonable attorneys' fees and expenses) arising from (a) your improper use of the Service, (b) your violation of these Terms, (c) your violation of applicable Laws, or (d) your User Content. Attendly reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Attendly. Attendly will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

10. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ATTENDLY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY YOU INCUR THROUGH USE OR AS A RESULT OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY DOLLARS (U.S. $50) OR (B) THE AMOUNTS PAID BY YOU TO ATTENDLY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT INCREASE THIS LIMIT.

NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS IN THIS SECTION 10 SHALL NOT APPLY TO ATTENDLY'S OBLIGATIONS UNDER SECTION 5 (STUDENT DATA) OR TO ANY INDEMNIFICATION OBLIGATIONS ATTENDLY MAY HAVE UNDER A SEPARATELY EXECUTED AGREEMENT WITH AN EDUCATIONAL INSTITUTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

11. Term and Termination

These Terms will remain in full force and effect while you use the Service. You may stop using the Service at any time and at your sole discretion. Additionally, we may suspend or terminate your rights to use the Service (including your Account) at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms. Upon termination, your Account and right to access and use the Service will terminate immediately. For Educational Institutions, the handling of Student Data upon termination shall be governed by Section 5.8. For all other users, following termination, we reserve the right to delete your User Content in the normal course of operation, unless there is a mutually executed written agreement between you and us stating otherwise, or to the extent prohibited by applicable law.

12. Arbitration

PLEASE READ THIS SECTION CAREFULLY, AS IT REQUIRES YOU TO ARBITRATE DISPUTES WITH ATTENDLY, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ATTENDLY, INCLUDING A LIMITATION ON THE RIGHT TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.

THIS SECTION 12 DOES NOT APPLY TO EDUCATIONAL INSTITUTIONS THAT ARE GOVERNMENT ENTITIES OR PUBLIC AGENCIES TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

12.1 Binding Arbitration

We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements between you and us. We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms shall be resolved exclusively by final, confidential, and binding arbitration ("Arbitration") before a panel of three arbitrators administered by JAMS or its successor ("JAMS") and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, then in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the "Applicable Rules"). The Arbitration can resolve only your or our individual claims, and the arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated. The Applicable Rules can be found at www.jamsadr.com. The Arbitration will be conducted in the State of California, unless you and Attendly mutually agree otherwise.

12.2 Judgment

Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. This section shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) from a court of appropriate jurisdiction.

12.3 Class Action Waiver

ALL CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ATTENDLY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

13. General

13.1 Governing Law

These Terms, and the license granted herein, shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. Subject to Section 12, you agree to submit to the personal jurisdiction of the federal and state courts located in the State of California.

13.2 Changes

You agree to check the Terms periodically for new information and terms that govern your use of the Service. We reserve the right to make changes to the Service, our policies, and these Terms at any time. Posting the modified Terms on our Service will give effect to the revised terms. Your continued use of the Service indicates your acceptance of any revised terms. If you do not agree to the revised terms, stop using the Service immediately. For Educational Institutions with separately executed agreements, material changes to these Terms that affect Student Data shall be communicated in accordance with the applicable agreement.

13.3 Survival

Sections 3 through 15, together with any other provision of these Terms which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms, will survive expiration or termination of these Terms for any reason.

13.4 Export

The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Attendly, or any products utilizing such data, in violation of the United States export laws or regulations.

13.5 Electronic Communications

The communications between you and Attendly use electronic means, whether you use the Service or send us emails, or whether Attendly posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Attendly in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Attendly provides to you electronically satisfy any legal requirement that such communications be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

13.6 Entire Terms

Unless there is a mutually executed written agreement between you and us stating otherwise, these Terms constitute the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Attendly's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Attendly may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.

13.7 Copyright/Trademark Information

All trademarks, logos and service marks ("Marks") displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

13.8 Force Majeure

We shall not be responsible for any delay or failure to comply with these Terms or for any liability arising under these Terms to the extent due to causes beyond our reasonable control, including eminent domain, earthquake, flood, civil unrest, acts of God, war, or terrorist attacks, whether physical or electronic, or failure of the Internet.

13.9 No Guarantee of Service

Although we hope to make the Service available at all times, there may be times when we need to disable the Service either temporarily or permanently. We reserve the right to discontinue, change, suspend, remove, and/or disable access to the Service and to impose limits on the use of or access to any Service, in each case at any time and without notice or liability. In no event will we be liable for changes to pricing or the discontinuance, modification, suspension, or removal of, or disabling of access to, the Service at any time and/or for any period of time.

14. Contact Information

You may contact us at:

Attendly, Inc.
2120 University Ave.
Berkeley, CA 94704

General Inquiries: support@attendly.com
Privacy Inquiries: privacy@attendly.com
Security Inquiries: security@attendly.com