OrangePasses Terms of Service User

Updated OrangePasses Terms of Service Agreement

Last modified: August 21, 2023

This Service Agreement ("Agreement") is between RMT Tech LLC ("OrangePasses") and you, the individual user ("User"). By accessing or using the OrangePasses service, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not use the Service.

1. Scope and Definitions

• Definitions:
  • "Service": Refers to the OrangePasses platform, including all associated applications, tools, and resources provided by OrangePasses.
  • "User": Refers to any individual accessing or using the Service, including but not limited to students, teachers, and administrators.
  • "User Content": Refers to any information, data, or content created, uploaded, or shared by Users on the Service.
• User Roles:
  • Students: Use the Service to create digital hall passes, as authorized by their teachers or administrators.
  • Teachers: Approve or deny pass requests, manage student movement, and monitor activity.
  • Administrators: Oversee overall usage of the Service, manage user accounts, and ensure compliance with school policies.

2. Use of Our Service

• 2.1 Eligibility:
  • This is a contract between you and OrangePasses. You must agree to these terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with OrangePasses, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
  • If you are under 13, you must have consent from your legal guardian to use the Service.
• 2.2 Service:
  • You are granted a limited, non-exclusive, non-transferable, revocable authorization to use the OrangePasses Service. All rights not expressly granted herein are reserved. You should be aware that messages within OrangePasses are not private and may be monitored by authorized users for safety and security purposes.
  • OrangePasses reserves the right to terminate your access to the Service at any time for any reason.
• 2.3 Accounts:
  • Your OrangePasses account provides access to the Services and functionalities that we may establish and maintain from time to time at our sole discretion. You are responsible for maintaining the security of your account and must notify OrangePasses immediately of any breach of security or unauthorized use.
  • OrangePasses complies with the Google API Services User Data Policy, including the Limited Use requirements. You can manage your profile and settings through your account.
• 2.4 Free Service and Liability:
  • Free Service: OrangePasses is currently offered as a free service. As such, OrangePasses is not liable for any issues arising from the use of the Service, including but not limited to data loss, inaccuracies, or unauthorized access.
  • No Liability: Users acknowledge that OrangePasses is provided "as is" and without any warranties. Users are responsible for the risks associated with their use of the Service.

3. User Responsibilities and Content

• 3.1 User Content:
  • You retain ownership of your content but grant OrangePasses a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your content on the Service.
  • OrangePasses reserves the right to remove any content that violates this Agreement.
• 3.2 Prohibited Activities:
  • You agree not to engage in prohibited activities, including but not limited to:
    • Copying, distributing, or disclosing any part of the Service without authorization.
    • Using automated systems to access the Service.
    • Interfering with the integrity or security of the Service.
    • Collecting personal information without consent.
    • Using the Service for any illegal activities or to harm others.
• 3.3 User Responsibilities:
  • Account Security: You are responsible for all activities that occur under your user account and must use commercially reasonable efforts to prevent unauthorized access to or use of the Service. You must promptly notify OrangePasses of any such unauthorized activity.
  • Compliance Obligations: You must ensure that your use of the Service complies with all applicable local, state, federal, and international laws.

4. Data Handling, Privacy, and Security

• 4.1 Data Handling and Ownership:
  • You retain ownership of your data. OrangePasses may use this data solely for the purpose of providing, maintaining, and improving the Service. OrangePasses may also generate and use aggregated, de-identified data for marketing and statistical purposes.
• 4.2 Data Compliance and Security:
  • OrangePasses will implement commercially reasonable and appropriate technical and organizational measures to secure your data from accidental loss and from unauthorized access, use, alteration, or disclosure.
  • Breach Notification: In the event of a data breach, OrangePasses will notify you as soon as possible, providing details on the breach and steps being taken to mitigate its impact.

5. Dispute Resolution and Jurisdiction

• 5.1 Arbitration:
  • Any controversy or claim between you and OrangePasses shall, at our request, be determined by arbitration.
• 5.2 Governing Law:
  • This Agreement shall be governed by and construed in accordance with the laws of the state in which RMT Tech LLC is incorporated, without regard to its conflict of law provisions.

6. Termination and Suspension

• 6.1 Termination for Cause:
  • In the event of a material breach of this Agreement, either party may provide notice of the alleged breach. You will have 30 days to correct the issue.
• 6.2 Effects of Termination:
  • Upon termination, your access to the Service will be revoked, and any remaining data may be permanently deleted. You should ensure you have retrieved any necessary data prior to termination.

7. Confidentiality and Feedback

• 7.1 Confidential Information:
  • "Confidential Information" refers to any non-public information disclosed by one party ("Disclosing Party") to the other ("Receiving Party") that is designated as confidential or that, under the circumstances surrounding disclosure, ought to be treated as confidential. Confidential Information does not include information that is or becomes publicly known through no breach of this Agreement by the Receiving Party.
  • The Receiving Party agrees to protect the confidentiality of the Disclosing Party's Confidential Information and not to disclose or use it for any purpose outside the scope of this Agreement.
• 7.2 Feedback and Intellectual Property:
  • You may provide feedback, suggestions, or ideas to OrangePasses. You agree that OrangePasses may use such feedback for any purpose without obligation to you.

8. Payment and Future Service Fees

• 8.1 Payment Terms:
  • Although OrangePasses is currently free, if any fees are introduced in the future, payment terms will be established, and you will be notified in advance. You will be responsible for timely payment of any fees for continued use of the Service.
• 8.2 Service Suspension:
  • OrangePasses reserves the right to suspend service if payment is not received within the specified terms, once a paid model is introduced.

9. Support and Service Availability

• 9.1 Support:
  • OrangePasses will provide reasonable support for the Service during normal business hours. You can reach support via email, phone, or helpdesk as specified on the OrangePasses website.
• 9.2 Service Level Agreement (SLA):
  • If OrangePasses introduces paid services in the future, an SLA may be established to define the expected service availability and response times for support requests.

10. General Provisions

• 10.1 Assignment:
  • This Agreement and all rights granted by it may not be transferred or assigned by you without OrangePasses’s consent. However, these rights may be assigned and transferred by OrangePasses without restriction.
• 10.2 Changes to this Agreement:
  • OrangePasses may modify or update this Agreement at its sole discretion. You will be notified of significant changes, and continued use of the Service after such changes constitutes acceptance of the updated Agreement.
• 10.3 Entire Agreement:
  • This Agreement, together with any amendments and additional agreements you may enter into with OrangePasses in connection with the Service, constitutes the entire agreement between you and OrangePasses concerning the Service.
• 10.4 Contact:
  • Please contact us at [e-mail] with any questions regarding this Agreement.