Terms of Service

IMPORTANT—IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THE AGREEMENT BELOW AND AGREE TO IT FOR YOU. IF YOU DON'T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THIS, YOU DON'T HAVE PERMISSION TO USE CLASSPAGER. ALWAYS GET AN ADULT'S PERMISSION BEFORE GOING ONLINE.

IF YOU ARE UNDER THE AGE OF 13, YOU DO NOT HAVE PERMISSION TO USE CLASSPAGER. YOU MUST NOT USE CLASSPAGER UNDER ANY CIRCUMSTANCES.

PLEASE READ THESE TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY APP FACTORIES LLC ("CLASSPAGER" OR "WE" OR "US"). THIS IS A BINDING AGREEMENT BETWEEN YOU AND CLASSPAGER. BY ACCESSING OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MAY NOT USE THE SERVICES.

Terms of Use

Welcome to ClassPager. Please continue reading to learn about the rules and restrictions that govern your use of ClassPager’s website(s) and all other products, services and applications made available by ClassPager from time to time (collectively, the "Services"). This Agreement includes the terms in this document, as well as ClassPager's Privacy Policy and the Apple Application Terms.

Will these terms ever change?

We may update this Agreement from time to time. We may modify this Agreement at any time, but we will do our best to bring this to your attention by posting a notice on the Services, or notifying you by email, or requiring you to reaffirm your agreement to the updated Agreement, or by some other means. If you don't agree with the new terms, you may reject them, but unfortunately you will no longer be able to use the Services. Your use of the Services in any way following notification constitutes your acceptance of the terms and conditions as modified. We may suspend or discontinue any part of the Services, or we may introduce new features, impose limits on certain features or restrict access to parts or all of the Services at any time.

You represent and warrant to ClassPager that:

This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

Privacy

We take the privacy of our users very seriously. Please read our Privacy Policy, located at https://www.classpager.com/privacy-policy.

Use by children

The Children's Online Privacy Protection Act ("COPPA") requires that online service providers notify parents of children in the United States and obtain their consent before they knowingly collect personally identifiable information online from children who are under 13.

ClassPager is not intended for use by anyone under the age of 13. You must not invite anyone under the age of 13 to use ClassPager. We do not knowingly collect or solicit personally identifiable information from a child under 13.

If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA, meaning that you must ensure that none of your students under the age of 13 access the Services. If you are a teacher, you represent and warrant that you are authorized by your school or district to use the Services. You also represent and warrant that you are entering into these Terms on behalf of your school or district. For more information on COPPA, please click here.

If you are a school, district, or teacher providing consent on behalf of parents or guardians, you may be required to provide adequate school credentials and a valid school email address to verify your identity.

If we learn we have collected personal information from anyone under 13, or if we learn that someone under 13 has provided us personal information, we will delete that information as quickly as possible. If you believe that someone under 13 may have provided us personal information in violation of these Terms, please contact us at support@classpager.com.

Fees and payment; Responsibility for usage charges

ClassPager reserves the right to charge fees for certain features. We will notify you when we intend to charge for a service or feature. You will always have the choice whether to use those features. If you continue to use any service or feature after you have been notified of any applicable fees, that use constitutes your acceptance of any new or increased fees.

Through ClassPager, you may be able to access and use products or services operated by other individuals or companies who are not employed or controlled by ClassPager (such as a payment platform to request and/or make payments). If you use any of these products or services, you must review and agree to the additional terms and conditions and privacy policy, as well as pay any applicable fees required to use those products. Any information you agree to provide will be governed by that business' privacy policy.

Note that, by using the Services, you may receive email or text messages on your phone or mobile device, which may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Services.

Additional terms

This Agreement applies to all users of our Services, but there are special terms for you depending on what type of user you are and whether you use the service for free or pay for use of ClassPager.

If you are someone who is invited to be or added as a member of a “classroom” or “group” by a Group Leader, you are a Group Member. If you are someone who creates a “classroom” or “group” of members, then you are a Group Leader. If you are agreeing to this Agreement on behalf of an organization (such as a school, school district, club, company, or team), you are an Organization. You may not sign up for or use the Services as someone you are not; ClassPager may disable or terminate your account if you do so.

If you are a Group Member (such as a student, parent, or other individual invited to join a “classroom” or “group” by a Group Leader):

If you are accessing the Services as a Group Leader (such as a teacher, administrator, parent, or some other adult creating a classroom or group) and inviting users to join as Group Members:

If you are an Organization (such as a school, school district or club):

With respect to all users of ClassPager, whether you are a Group Member, Group Leader, or Organization:

Registration and security

As a condition to using Services, you may be required to register with ClassPager by selecting a password and providing your name and a valid email address. You will provide ClassPager with accurate, complete, and updated registration information. You may not:

ClassPager reserves the right to refuse registration of or to cancel a ClassPager account in its sole discretion. You will be responsible for maintaining the confidentiality of your account and password. You may not transfer your account to anyone without express prior written consent of ClassPager. Violation of any of the foregoing may result in immediate termination of your account, revocation of your ability to use the Services, and may subject you to state and federal penalties and other legal consequences. ClassPager reserves the right, but will have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Consent to receive periodic messages

As part of the Services, you will receive communications through the Services, including messages that ClassPager sends you (for example, via SMS, emails, and push notifications). When a Group Leader adds a new Group Member to a class or group, that Group Member will receive a welcome message and instructions on how to stop receiving messages. They may also receive other information from ClassPager from time to time, such as information on how to download the ClassPager mobile application. ClassPager may inform Group Members who have not replied that they will automatically be removed from the classroom or group. ClassPager may also send other administrative messages. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM CLASSPAGER AS WELL AS GROUP LEADERS AND GROUP MEMBERS, AND YOU REPRESENT AND WARRANT THAT EACH PERSON YOU INVITE AND/OR ADD HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM YOU AND CLASSPAGER. If you connect to or use any third party services in conjunction with ClassPager, you acknowledge and consent to receive notifications and messages from those third party services. You agree to indemnify and hold ClassPager harmless for and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing. To permanently cease receiving SMS text messages, please text @STOPALL in reply to any SMS message from that class/group or to any ClassPager long-code (a phone number issued by ClassPager).

If you are located in Canada, you may opt out of receiving marketing messages (including text messages and emails); however, you may still receive text message and email communications that are necessary for the Services or otherwise exempt from anti-spam laws.

Consent to receive emergency messages

As part of the Services you may receive communications through the Services in the event of an emergency, through SMS (text messages), emails, push notifications, or phone call. An emergency meriting a message shall be determined solely by your teacher, group leader, organization, school, district, or any official designated by a school or district or organization, or a government agency. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO RECEIVE EMERGENCY COMMUNICATIONS FROM CLASSPAGER WHENEVER IT IS DETERMINED THAT CIRCUMSTANCES MERIT THOSE COMMUNICATIONS. IF YOU ARE A TEACHER, GROUP LEADER, SCHOOL OR DISTRICT OFFICIAL YOU REPRESENT AND WARRANT THAT EACH PERSON YOU INVITE AND/OR ADD HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM YOU AND CLASSPAGER. If you connect to or use any third party services in conjunction with ClassPager, you acknowledge and consent to receive notifications and messages from those third party services. Because ClassPager does not control whether to send or not send an emergency notification, ClassPager is never responsible for your receipt of, or failure to receive, an emergency message. Often when an emergency is suspected the individuals empowered to determine whether to send an emergency message through ClassPager may have incorrect or only partial information. ClassPager is not responsible for messages sent erroneously or for the content of any message sent as an emergency message, even when the content of that message contains information that is incomplete, confusing, or erroneous. YOU ALONE CAN DETERMINE WHAT, IF ANY, ACTIONS TO TAKE IN THE EVENT OF AN EMERGENCY OR IN RESPONSE TO AN EMERGENCY MESSAGE YOU RECEIVE THROUGH CLASSPAGER. YOU AGREE TO INDEMNIFY AND HOLD CLASSPAGER HARMLESS FOR AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM OR IN ANY WAY RELATED TO YOUR RECEIPT OF EMERGENCY MESSAGES OR YOUR FAILURE TO RECEIVE AN EMERGENCY MESSAGE.

While we strongly encourage you not to, you may opt out of receiving emergency messages as SMS text messages. To permanently cease receiving SMS text messages, please text @STOPALL in reply to any SMS message from that class or group, or to any ClassPager long-code (a phone number issued by ClassPager).

Content

You agree that you may only use the Services in accordance with these guidelines:

ClassPager holds the sole right to determine whether your usage is in line with these guidelines. If we find that you are not complying with these guidelines, we reserve the right to delete your account, ban you from the Services, and/or report you to the appropriate law enforcement agencies.

All materials displayed or performed or available on the Services (including, but not limited to text, graphics, data, articles, photographs, images, illustrations, User Submissions (defined below), and so forth (all of the foregoing, the "Content")) are protected by copyright and other intellectual property laws. You may only use the Services for your own personal, non-commercial (meaning, you may not leverage the Services as a separate business) use and only in accordance with the terms of this Agreement and all laws that apply to you. ClassPager is not responsible for your use of the Services in any way that breaks the law. You agree you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and will not use, copy, modify, publish, distribute, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content, third party submissions or other proprietary rights not owned by you without the express prior written consent of the respective owners, and/or in any way that violates anyone else's (including ClassPager’s) rights.

You will not link to the Services without ClassPager’s prior written consent, except in accordance with the terms of this Agreement.

In the course of using the Services, you may provide information which may be used by ClassPager in connection with the Services and which may be visible to certain other users. Anything you post, upload, share, store or otherwise provide through the Services are, together with any related intellectual property rights, your "User Submissions." You retain ownership of all of your User Submissions. In order to provide you with the Services, ClassPager needs to access and use your User Submissions in certain ways. You hereby grant ClassPager a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable right and license to use your User Submissions for any purpose related to providing and/or improving the Services. (However, ClassPager will only share your personally identifiable information in accordance with ClassPager’s current Privacy Policy). Because your User Submissions may be viewed or accessed by other ClassPager users, you grant other ClassPager users a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable right and license to access, view, edit, and use your User Submissions as may be permitted through the functionality of the Services (for example, when you send a message through the Services, the recipients of your message will be able to save, copy, edit and store that message). All information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such Content originated, and ClassPager will not be liable for any errors or omissions in any Content. ClassPager cannot guarantee the identity of any other users you may interact with in the course of using the Services. Additionally, ClassPager cannot guarantee the authenticity of any information which users may provide about themselves. You acknowledge that all Content accessed by you while using ClassPager is at your own risk and you will be solely responsible for any resulting damage or loss.

Under no circumstances will ClassPager be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with your use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

As we explain in our Privacy Policy, if ClassPager knows or becomes aware of a security breach of its users' personally identifiable information, ClassPager will notify affected users or post a notice on the Services as required by applicable law(s).

Your restrictions and responsibilities

You warrant, represent and agree that you will not contribute any Content or otherwise use (or encourage anyone else to use) the Services in a manner that:

ClassPager reserves the right to terminate access of any third-party application or service to our published or unpublished APIs.

ClassPager reserves the right (but does not have the obligation) to remove any Content from the Services at any time, for any reason (including, but not limited to, if we receive claims or allegations from individuals, companies or authorities relating to that Content or if ClassPager is concerned that you may have breached the foregoing restrictions), or for no reason at all. You, not ClassPager, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise provide using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such Content to ClassPager and to grant ClassPager the rights to use such information as provided herein.

You will be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You will be responsible for ensuring that such equipment or ancillary services are compatible with the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

Third party service providers

The Services may contain links to third party websites, products or services that are not owned or controlled by ClassPager ("Third Party Services" or “Third-Party Services”). When you access Third Party Services, you do so at your own risk. ClassPager encourages you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service that you visit or use.

ClassPager has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, ClassPager will not and cannot monitor, verify, censor or edit the content of any Third Party Services. By using the Services, you expressly relieve and hold harmless ClassPager from any and all liability arising from your use of any Third Party Services.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. You agree that ClassPager will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between ClassPager users, or between ClassPager users and any third party, you understand and agree that ClassPager is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release ClassPager, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you will and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Warranty and disclaimer

ClassPager  has no special relationship with or fiduciary duty to you. You acknowledge that ClassPager has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; what effects  the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release ClassPager from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites or services containing, information that some people may find offensive or inappropriate. ClassPager makes no representations concerning any content contained in or accessed through the Services, and ClassPager will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. ClassPager makes no representations, warranties, or conditions regarding suggestions or recommendations of services or products (including Content provided by users) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) via the Services, including the Services themselves, are provided AS IS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, FROM CLASSPAGER OR ANYONE ELSE. THE SERVICES, CONTENT, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You will indemnify, defend and hold ClassPager, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

Limitation of liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL CLASSPAGER OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY:

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

Termination

This Agreement will remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by contacting us at support@classpager.com.

Note, if you become a Group Member through an Organization, and you request that ClassPager delete your account, ClassPager may notify the Organization (and the Group Leaders of the classes or groups you are in) of your deletion request.

ClassPager may disable or terminate your access to the Services or your account at any time, for any reason (for your violation of any term of this Agreement or without cause), and without warning or notice, which may result in the forfeiture of all information associated with your account. Upon termination of your account, your right to use the Services and any Content will immediately cease; however, ClassPager may retain messaging data or other data and information pursuant to this Agreement, as necessary for auditing purposes, and as required by law. Computer deletion is not an instantaneous process. If you choose to terminate your account, all data will be rendered unavailable to you immediately and your data will be deleted over time, as is true of all computer deletion everywhere. Remember that communications with others in which you participated will remain available to those other users. All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Choice of law and arbitration

This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof, unless a state's laws explicitly require that any legal disputes are governed by the laws of that state. Any dispute arising from or relating to the subject matter of this Agreement will be finally settled in small claims court or by arbitration in San Francisco, California or in a location that is reasonably convenient for you, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who will be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. If you cannot afford or otherwise do not want to pay arbitration filing, administrative, hearing, and/or other fees and cannot obtain a waiver of fees, we will consider in good faith any request by you for us to bear the cost of those fees. We will pay any administration fee, arbitration fees and fees and charges of attorneys, experts and witnesses if and to the extent we are required to pay such fees and charges by law or in order to make this arbitration provision enforceable. By agreeing to these terms, you acknowledge that you may not participate in a class action in court or in arbitration, either as a class representative, class member or class opponent. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR TO A JURY TRIAL. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

Miscellaneous

The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. ClassPager will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ClassPager’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with ClassPager’s prior written consent. ClassPager may transfer, assign, or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Services will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind ClassPager in any way whatsoever.

It is the express wish of the parties that this Agreement and all related documents be drawn up in English.

Last Updated: June 08, 2020