SmartPass

Terms of Use

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Scheduled Maintenence in Progress. See DetailsCheck out the storiesSend us the cool ways you’re using SmartPass at your school — and win big. Learn moreCheck out the storiesFeaturesDigital ID CardNewPricingSupportFeatures for COVID-19PricingSign inDemo &amp. PricingTerms of UseSmartPass is a platform designed to manage student hall passes (“Services”). SmartPass is a software solution by SmartPass LLC (“SmartPass,” “we,” “our,” “us,” or “Licensor”), and this website, located at www.smartpass.app and the related Services through it or any mobile application provided by us (collectively, the “Site”) is provided to the user or person using our Services and accessing the Site (“you,” or “your”). In addition, these Terms of Use (“Terms”) apply to schools, school districts, and related entities and organization that use the Services or access the Site (each a “School”).Your AgreementThese Terms of Use are a binding contract between you, and SmartPass LLC. By using our Services and accessing our Site you are acknowledging that you have read and understood these Terms, agree to be legally bound by them and consent to the collection and use of your information as described in our Privacy Policy. Acceptable UseBy using the Services or accessing the Site, you agree not to rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted in connection with using the Services or accessing the Site. Intellectual Property RightsWhen you are using the Services or accessing the Site, you are not acquiring any ownership interest in the Services or Site or any property right associated with it. Continued use of the Services or Site is subject to compliance with the Terms of Use. Users shall not remove any copyright notice or similar marking included in or with the Services or Site. Users shall not itself or permit others to copy, decompile, reverse engineer or take comparable action regarding the Site and its object code. Users acknowledges that violation of this Paragraph shall lead to irrevocable harm to Licensor and, without prejudice to any other right or remedy available to Licensor, shall entitle Licensor to injunctive and other equitable relief. Payments and Subscription SmartPass 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. Your school will not be entitled to refunds for any portion of the then-current subscription length listed on the Quote upon termination of their Services once the subscription has begun. SmartPass has the right to terminate your school's subscription immediately for any violation of the Terms of Use. SmartPass also has the right to terminate Services provided via this agreement for convenience with at least 30 days written notice. In the event of termination of convenience by SmartPass, your school will be entitled to a pro-rated refund. Family Educational Rights and Privacy ActCertain information users provide to SmartPass about students may be considered an education record (“Education Record”) under the Family Educational Rights and Privacy Act (“FERPA”). Additionally, certain information users provide to SmartPass about a student, such as student name, may be considered directory information under FERPA (“Directory Information”) and thus not an Education Record. A School may not generally disclose personally identifiable information from a student’s records without written consent of the parent and/or eligible student or without meeting one of the exemptions set forth in FERPA such as the Directory Information exemption (as defined by FERPA). To the extent you provide information subject to FERPA, you represent, warrant and covenant to SmartPass that you have fully complied with all FERPA requirements including, without limitation, obtaining all necessary written consents to share the information with SmartPass for use by SmartPass to the fullest extent necessary to provide the Services; Unless permitted by FERPA or an applicable exemption, SmartPass will never share an Education Record with third parties except as directed by a user or to our service providers that are necessary for us to provide the Service. We will also strive to make sure all third parties are consistent with our privacy principles. Children's Online Privacy and Protection ActThe Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain clear and verifiable parental consent before collecting personal information from children under 13. SmartPass does not and will not knowingly collect any information from children under the age of 13. To the extent you provide information related to a child under the age of 13, you are solely responsible for complying with COPPA and you represent and warrant that you have fully complied with COPPA by, among other things, receiving the appropriate consent from parents and/or having the requisite authority to provide such information to SmartPass, and for us to collect such information. No Warranty LICENSOR DISCLAIMS ALL WARRANTIES ASSOCIATED WITH THE SERVICES OR SITE AND ITS FUNCTION, PERFORMANCE AND USE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, WHETHER OR NOT COMMUNICATED TO LICENSOR. IN NO EVENT SHALL THE USER BE ENTITLED TO DAMAGES THAT EXCEED THE AMOUNT ACTUALLY PAID BY THE USER TO THE LICENSOR PURSUANT TO THIS AGREEMENT DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THE USER ACKNOWLEDGES THAT THE PROPER FUNCTIONING OF THE SERVICES AND THE SITE DEPEND UPON MANY FACTORS BEYOND THE CONTROL OF LICENSOR. Dispute ResolutionThis Agreement and use of the website and App shall be governed by and construed in accordance with the laws of the State of Pennsylvania, 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 associated herewith shall be resolved solely in the federal or state courts situated in the Eastern District of Pennsylvania, or in a location that is reasonably convenient for you. No class action claim may be brought with respect to this License or the Services and Site. ModificationsWe may modify these Terms from time to time and such modifications shall immediately take effect upon posting to the Site. If you do not agree with any changes to these Terms, you may stop using the Services. Your continued use of the Site or Services indicates that you have read, understood and agreed to the current version of these Terms. SmartPass reserves the right in its sole discretion to review, improve, modify, shut down, or discontinue, temporarily or permanently, the Services or Site. 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