Red Circle Solutions LLC DBA School App Express, (we, our, us) provides the use of mobile device and web applications and a backend management system (our services) that allow schools and school districts (your organization) a way to provide information, resources and tools for administrators, teachers, parents, students and other stakeholders (you, your). Your use of our services constitutes agreement to these Terms of Service (this agreement).
You must be an administrator, officer, director, principal, superintendent or authorized staff member (authorized person) to complete the organization registration form (enrollment form) which can be submitted online here. Please read this agreement carefully before completing the enrollment form. Submission of the enrollment form constitutes a binding agreement for your organization to purchase the use of our services for a minimum term of one (1) school year to begin and end on June 1st. We will be happy to modify the beginning and end date with instructions on the enrollment form or by request from an authorized person.
We reserve the right to modify or replace any part of this agreement. We will notify the authorized person(s) for your organization of any substantial changes to this agreement and provide opportunity for review and comment on the revised terms before continuing to use our services. Your continued use of our services following any change to this agreement constitutes your acceptance of our amended terms, policies or guidelines.
Upon receipt of an enrollment form for your organization, we will send an invoice for the full amount due for the initial term to the authorized person or as instructed by an authorized person to accommodate your organization’s purchasing guidelines. Payment is due upon receipt and our services will not be made available for your organization until we have received payment or a binding Purchase Order. Pricing is determined by what is published on our website and the options selected on the enrollment form. Once we have started the process of developing an app, the window for cancellation of any promise to purchase, including purchase orders, credit card payments, check payments or other means of payment will be closed. No further refunds will be available to the client. Under no circumstances will refunds or credits be provided to the client who purchased an app for any reason, specifically if the client did not use the app, or if the client was unable to complete the Apple Developer Account process. Our team of professionals is available every day to assist the client in these tasks.
Your organization’s account will automatically renew at the end of each term unless an authorized person instructs us of your organization’s intent to discontinue our services by May 1st or within 30 days receipt of an invoice for the new term whichever is later. Subsequent year pricing that is listed on our website is an estimate of the expected annual costs and is not guaranteed to remain the same.
Our services are designed to be intuitive, simple and easy to learn. We will provide training for authorized persons and employees of your organization on request for best practices and usage of our services via phone or web conference. On-site training is available on request at an additional charge. Click here to request training.
We will provide technical support through email and by phone and will put forth our best efforts to respond to any request for support within one business day. You may email us your support request at email@example.com, call us at (877) 798-8951 or click here to contact us through our website.
You are responsible for maintaining security of the login information provided to allow you to access our services and you are fully responsible for all activities that occur through your account. We are not be liable for any acts or omissions, including any damages of any kind incurred as a result of such acts or omissions.
You are responsible for any text message, push notification, data, picture, video, audio, hyperlink, file or other information of any kind that you cause to be published through our services whether by posting, uploading, emailing or otherwise transmitting to us or through our services (content) and any harm resulting from the content. For any content that you transmit to us or otherwise cause to be published through our services, you represent and warrant that:
a. Downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party.
b. If your employer has rights to intellectual property you create, you have either received permission from your employer to make available the content, including but not limited to any links, or secured from your employer a waiver as to all rights in or to the content.
c. You have fully complied with any third-party licenses relating to the content, and have done all things necessary to successfully pass through to end users any required terms.
d. The content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content.
e. The content does not contain unethical or unwanted commercial content.
f. The content does not contain threats or incite violence towards individuals or entities.
g. The content does not violate the privacy or publicity rights of any third party.
h. You grant us a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the content.
We reserve the right, though not the obligation, to refuse or remove any content that violates any of our policies or is in any way harmful, objectionable or that we deem inappropriate; or terminate or deny access to your use of our services.
Our apps, services and communication options are provided as is, and under no circumstances will any refunds or credits be provided should the client request a feature addition that cannot be completed. We are available to clarify any feature sets every day. If you have questions about a specific app feature, please contact us at 877-798-8951.
9. App Stores
Google Play and the Apple App Store are owned and controlled by Google and Apple, respectively. Both Google and Apple unconditionally reserve the right to reject or remove apps from these stores for any reason at any time without notice. We make no guarantee as to the continuing availability of access to our services through these distribution channels.
In the event that accessing our services through these channels becomes unavailable, we will provide alternatives that may include either a browser-based web app or the School Info by Red Circle Solutions DBA School App Express app. You agree that these alternatives are acceptable equivalents.
We will develop and publish updated versions of our services at our discretion from time-to-time for the purpose of maintaining or improving the performance, functionality or available features at no additional charge to you.
We will develop and publish updated versions of our services at your request to accommodate graphic, title, text, configuration or app store metadata modifications at an additional charge of $250.00 per update. We will advise you in advance of any request that will incur this charge and will proceed with processing the update only after receipt of your written agreement, payment or a binding Purchase Order confirming your acceptance of the additional charge.
Our services may contain advertisements unless an authorized person for your organization instructs us via email, in writing or by indicating on the enrollment form that your organization elects to “opt-out” of any advertising or sponsorship agreements. Advertisements may be in the form of banner or interstitial images or videos that display before, after or along with your organization’s content or sponsored notifications. Unless opted-out, we may solicit advertisement sales, negotiate advertising terms and collect payments from advertisers on behalf of your organization. We agree to credit your organization’s account with up to 50% of the share of any advertising contracts sold exclusively for your organization and a portion of your organization’s pro-rata share of any advertising contracts that are not exclusive for your organization. Your organization’s pro-rata share will be determined by the terms of the advertising contract and may be based on a variety of factors including, but not limited to, the total number of downloads, active users, clicks or impressions.
An authorized person for your organization may request that we discontinue our services for your organization at anytime by notifying us in writing; however, we are unable to refund any unused portion of prepaid service fees. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. Disclaimer of Warranties
Our services are provided “as is”. We hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warranty that our services will be error-free or that your access to our services will be continuous or uninterrupted. Your use of our services is at your own discretion and risk.
14. Limitation of Liability
In no event will we be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages;
(ii) the cost of procurement for substitute products or services;
(iii) for interruption of use or loss or corruption of data; or
(iv) for any amounts exceeding the amount paid by you to us under this agreement during the twelve (12) month period prior to the cause of action.
We shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
15. General Representation and Warranty
You represent and warrant that:
(ii) your use of our services will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless us, our contractors, and licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our services.
This agreement constitute the entire agreement between us, your organization, your organization’s authorized person(s) and you concerning the use of our services, and may only be modified by a written amendment signed by an authorized executive of Red Circle Solutions DBA School App Express, LLC, or if we post a revised version of this agreement.
Except to the extent applicable law, if any, provides otherwise, your use of our services will be governed by the laws of the state of New Jersey, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of your use of our services will be the state and federal courts located in Hackensack, New Jersey. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Midland Park, New Jersey in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys’ fees. If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this agreement to any party that consents to, and agrees to be bound by, its terms and conditions; we may assign our rights under this agreement without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.