Legal

Terms of Service

The terms that govern your use of ConciergePad’s Services and Site.

Document: ConciergePad’s terms of service Governing law: State of Florida Questions? hello@conciergepad.com
Table of Contents
  1. Application of Terms
  2. Accounts and Security
  3. Acceptable Use
  4. Family Educational Rights and Privacy Act
  5. Children’s Online Privacy and Protection Act
  6. Intellectual Property Rights
  7. Links to Third Party Sites
  8. Assumption of Risk
  9. Indemnity
  10. Warranty Disclaimer
  11. Limitation of Liability
  12. Modifications
  13. General
  14. SMS Terms
  15. Cookies Policy
01 ·

Application of Terms

These Terms are a binding contract between you, Sachi Tech, Inc. (the owner of conciergepad.com) its affiliates, subsidiaries and related companies and persons (collectively, “ConciergePad”). These terms impose legal obligations on you. Please read them carefully. By using the Services or accessing ConciergePad.com or the ConciergePad portal (collectively the “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.

These Terms apply to (i) schools, school districts and related entities and organization that use the Services or access the Site (each a “School”), (ii) educational professionals, school administrators, and School employees and agents who access the Site or use the Services (“Educational Professionals”), (iii) all Site visitors and users of the Services including parents, legal guardians and anyone authorized to use the Services or access the site by any of the foregoing (“Parents”) (iv) and any third party or agent performing work related to the Services, such as suppliers and developers (“Developers”). For purposes of these Terms, the words “user”, “you” and “your” refer to Schools, Educational Professionals, Parents and Developers. The words “we,” “our,” or “us” refer to ConciergePad.

You must be at least eighteen (18) years old to use our Services. By agreeing to the Terms, you represent and warrant to us that you are at least eighteen (18) years old and, that your registration and your use of the Service shall at all times comply with applicable laws and regulations. The Services and the Site are provided only in the English language.

If at any time, you suspect or are concerned that:

IT IS YOUR RESPONSIBILITY TO CONFIRM THE CORRECT CONTACT DETAILS AND PICK UP INFORMATION WITH THE PARENTS/SCHOOL AS THE CASE MAY BE.
02 ·

Accounts and Security

You will be required to establish an account to access the Services. You are entirely responsible for maintaining the confidentiality of your account information, including your username and password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify ConciergePad immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential. ConciergePad cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. ConciergePad may terminate suspend or restrict your access to your account at any time and for any reason, including for violation of these Terms. ConciergePad has the sole right to decide whether you are in violation of these Terms. Account termination may result in destruction of any content associated with your account.

03 ·

Acceptable Use

By using the Services or accessing the Site, you agree not to do any of the following:

04 ·

Family Educational Rights and Privacy Act

Certain information users provide to ConciergePad 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 ConciergePad about a student, such as student name and grade level, 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 ConciergePad that you have fully complied with all FERPA requirements including, without limitation, obtaining all necessary written consents to share the information with ConciergePad for use by ConciergePad to the fullest extent necessary to provide the Services;

Unless permitted by FERPA or an applicable exemption, ConciergePad 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.

ConciergePad may use de-identified Education Records for product development, research or other purposes (“De-Identified Data”). ConciergePad agrees not to attempt to re-identify the De-Identified Data and not to transfer the De-Identified Data to a third party unless that party agrees not to attempt re-identification.

05 ·

Children’s Online Privacy and Protection Act

The 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. ConciergePad 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 ConciergePad, and for us to collect such information.

06 ·

Intellectual Property Rights

The information and content of the Services and the Site, including but not limited to: software, artwork, text, video, audio, copy, graphics, images, logos and other information, other than content provided by Users and advertisers, is owned or licensed by ConciergePad and is protected by copyright and other intellectual property laws under both United States and foreign laws. Any use of the information and the content of the Services or Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved to ConciergePad. Users and any other content providers are responsible for obtaining the appropriate permissions and rights for posting any content to the Site and agree to indemnify, hold harmless and defend ConciergePad for any claims, demands and judgment that arise out of a violation of this paragraph.

07 ·

Links to Third Party Sites

We may provide links to third-party websites. ConciergePad is not responsible for the content of linked third-party sites or third-party advertisements, and does not make any representations regarding their content or accuracy. We provide these links as a convenience only, and a link does not imply our endorsement of, sponsorship of, or affiliation with the linked site. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

08 ·

Assumption of Risk

While using the Services or accessing the Site from a mobile device, please be aware of your surroundings and exercise reasonable judgment. You agree that your use of the Service and accessing the site is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Services or accessing the Site. It is strictly forbidden to use the Services or access the Site while driving. While using a vehicle, you may only access the Site or use the Services after you have stopped your vehicle in an appropriate location permitted by law. If you are accessing the Site or using the Services in an area where there is traffic or other potentially dangerous conditions, stop and stand in a safe place and remain stationary until you are no longer accessing the Site or using the Services.

ConciergePad may, but shall not be obligated to, provide an emergency notification platform as part of the Services (“ENP”). You must not rely on the ENP as a means to communicate information to emergency service providers, such as the fire department, emergency medical personnel and law enforcement. ENP is not a substitute for using 911 or any other emergency communication service. In the event of an emergency, you should dial 911 or directly contact emergency services.

09 ·

Indemnity

You agree to defend, indemnify, and hold harmless ConciergePad and its officers, directors, employees, and agents from and against any and all claims, damages, obligations losses, demands, liabilities, costs and expenses (including but not limited to attorney’s fees) resulting from, related to, or arising out of (i) your violation of these Terms and (ii) your use of the Services.

10 ·

Warranty Disclaimer

THE SERVICES AND SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. CONCIERGEPAD AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (ii) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; (iii) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR SITE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, RELIABLE, COMPLETE, OR UP-TO-DATE; AND (iv) ANY WARRANTIES THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOUR USE OF OR ACCESS TO THE SERVICES OR SITE IS DONE AT YOUR OWN DISCRETION AND RISK.

CONCIERGEPAD TAKES REASONABLE MEASURES TO ENSURE THAT PERSONALLY IDENTIFIABLE INFORMATION OF PARENTS AND STUDENTS IS NOT DISCLOSED, EXCEPT TO SCHOOLS AND EDUCATIONAL PROFESSIONALS, SO THAT THEY MAY USE THE SERVICES. CONCIERGEPAD CANNOT AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY PARENTS WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. PARENTS AGREE NOT TO HOLD CONCIERGEPAD/LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED THROUGH CONCIERGEPAD.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11 ·

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL CONCIERGEPAD OR ITS EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF WE HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. OUR AGGREGATE TOTAL CUMULATIVE LIABILITY TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT DAMAGES) RESULTING FOR CLAIMS, DEMANDS OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (I) $100 OR (II) THE AMOUNTS ACTUALLY PAID BY YOU TO CONCIERGEPAD, IN CONNECTION WITH YOUR USE OF THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, PRORATED FOR ANY PARTIAL PERIOD YOU USE THE SERVICES AND/OR FOR ACTUAL SERVICES USED BY THE PLAINTIFF OR DEFENDANT IN THE CLAIM, AS APPROPRIATE, AND NOT THEIR PARENT, AFFILIATES, OR SUBSIDIARIES. THIS LIMITATION OF LIABILITY REFLECTS AN ALLOCATION OF RISK BETWEEN YOU AND CONCIERGEPAD

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12 ·

Modifications

We 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 terminate your account and 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.

ConciergePad reserves the right in its sole discretion to review, improve, modify, shut down, or discontinue, temporarily or permanently, the Services or Site.

13 ·

General

The rights, obligations and duties contained herein shall survive the termination or modification of these Terms and shall survive even after you no longer continue to use CONCIERGEPAD.

ConciergePad may assign its rights and obligations pursuant to these Terms without prior notice to or consent from you. You, however, may not assign your rights or obligations pursuant to these Terms.

These Terms are governed by the laws of the State of Florida without respect to its conflict of laws principals. All disputes or actions related to or arising out of these Terms or your use of the Services shall be brought exclusively in the courts of Miami-Date County in the State of Florida and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Miami-Dade County in the State of Florida.

If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

14 ·

SMS Terms

Short code program name: ConciergePad

1. ConciergePad is a school operations/security platform that will notify parents when student activities or movements are triggered. For example, when a student is late to class, his or her parents will receive a SMS message from a short code stating that the student was late to class with the time stamp.

2. You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@conciergepad.com

4. Carriers are not liable for delayed or undelivered messages

5. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

6. If you have any questions regarding privacy, please read our privacy policy: https://conciergepad.com/privacy/

15 ·

Cookies Policy

Like many websites, we use cookies and similar technologies to collect additional website usage data and to improve our Services. A cookie is a small data file that is transferred to your computer or mobile device. We may use both session cookies and persistent cookies to better understand how you interact with our Services, to remember your preferences and information, to process requests, to provide third-party advertising, to monitor aggregate usage by our users and web traffic routing on our Services, and to customize and improve our Services. For the most part, you can choose whether or not to allow websites like ours to use cookies. You can modify your settings in most web browsers to accept or deny cookies or to request your permission each time a site attempts to set a cookie. However, some Services may not function properly if you disable cookies.

Use can Block or Eliminate cookies

You can allow, eliminate, or block cookies in your computer’s configuration settings according the internet browser you are using. In certain cases, some web services will be blocked when certain cookies are not allowed to operate correctly or when they are blocked by the consumer.

These links explain how to deactivate or block cookies in common web browsers:
– Internet Explorer: http://windows.microsoft.com/en-us/windows-vista/block-or-allow-cookies
– Safari: https://support.apple.com/en-us/HT201265
– Chrome: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DDesktop&hl=en
– Firefox: https://support.mozilla.org/en-US/kb/delete-cookies-remove-info-websites-stored
– Opera: http://www.opera.com/help/tutorials/security/cookies/
– Android: https://support.google.com/chrome/answer/95647?co=GENIE.Platform%3DAndroid&hl=en-GB&oco=1
– Windows Phone: http://windows.microsoft.com/en-us/windows7/block-enable-or-allow-cookies