Terms of service

These Terms of Service (the “Terms”) govern your use of the Program Partner app at app.myprogrampartner.com, the website at myprogrampartner.com, and related services (together, the “Services”), provided by Program Partner, LLC (“Program Partner,” “we,” “us”). By using the Services, you agree to these Terms. If you accept them for a school, college, booster organization, studio or other group, you confirm that you have authority to bind it.

1. Who these Terms cover

• Programs. A school or college program, booster organization, private studio or other group that uses Program Partner under a quote or order form (a “Program”). The order form and these Terms make up the agreement between the Program and Program Partner. If the Program signs a separate agreement with us, such as a student data privacy agreement, that signed agreement controls where it conflicts with these Terms.
• Authorized users. Directors, staff, booster officers, parents and guardians, students and others a Program gives access to.
• Visitors. Anyone who browses myprogrampartner.com or sends us a message from it.

2. Accounts and access

• No self-signup. We set up each Program by hand. The Program then creates accounts for its staff, families and students, using invitations or join codes.
• The Program controls access. The Program decides who has an account, which role each person holds, and what each role can see. It removes access when someone leaves.
• Your sign-in. Keep your password and sign-in details private. You are responsible for what happens under your account. Tell us right away at support@myprogrampartner.com if you think someone else has used it.
• Students. Students use Program Partner only through a Program that gives them access. For a student under 13, a school gives consent on the parent’s behalf for school purposes, as our Privacy Policy explains. [Private studios: how a student under 13 gets an account — counsel to settle.]
• Demo access. Demo schools are fictional and are for evaluating Program Partner. Demo access is by invitation, can be ended at any time, and must not be used to store real student or family information.

3. What the Program is responsible for

The Program:

• has the right to provide the information it puts into Program Partner, and gives any notices and gets any consents the law or its own policies require, including notices under FERPA;
• keeps its information accurate, and reviews the balances, fees, forms and records it relies on;
• chooses which features to turn on and how to set them up;
• follows the laws and policies that apply to it, including its district’s rules on student records and communications;
• is responsible for the messages its users send through Program Partner; and
• does not store Social Security numbers, full payment card numbers, bank account numbers or passwords for other services in ordinary fields, notes, forms or messages.

4. Student information and privacy

A Program’s records belong to the Program. We use them only to provide and support the Services for that Program, as described in our Privacy Policy and in any data privacy agreement we sign with the Program. We never sell student or family information, never use it for advertising, and never send school records to artificial-intelligence services.

5. Payments families make to a Program

• Into the Program’s own account. A Program that takes online payments connects its own Stripe, Square or PayPal account. Payments go straight to that account. Program Partner never receives, holds or controls the Program’s funds, and charges no fee on payments.
• The processor’s terms apply. The Program’s agreement with its processor governs its account, including the processor’s standard rates, payouts and holds. The Program accepts that agreement when it connects the account. We are not a party to it.
• The Program is the seller. The Program sets its fees and is responsible for refunds, disputes and chargebacks, taxes, and any receipts or tax letters its donors and families need.
• Families. Questions about a fee, a refund or a balance go to the Program. Program Partner can’t change what a Program charges or give refunds on its behalf.
• Balances. Program Partner posts payments to balances automatically where it can. If a balance looks wrong, the Program should check it in the app and tell us if the app made the mistake.

6. Program Partner fees

We quote each Program. The quote or order form sets the fees, the service period and how we invoice. White-glove setup and data import are quoted separately. Invoices are due within [30] days. Fees don’t include taxes unless the order form says so. If an invoice goes unpaid, we’ll give written notice and at least [15] days to pay before we suspend access. Families never pay Program Partner to use the app.

7. Acceptable use

You may not:

• use the Services to break the law, or to harass, threaten or harm anyone;
• try to see another Program’s records or another person’s account, or get around a permission, limit or security control;
• upload malware, or test the Services for security weaknesses without our written permission (if you find a weakness, please report it to support@myprogrampartner.com);
• connect AI assistants, bots, scrapers or other automated tools to an account, or copy data out of the Services except through the exports they offer;
• copy, resell or rent the Services, or reverse engineer them except where the law allows it;
• send spam or messages people didn’t agree to receive; or
• upload content you don’t have the right to share.

8. Content you add

You and your Program keep ownership of what you add, such as rosters, forms, documents, scores, parts, recordings and messages. You give us permission to host, copy, process and show that content only as needed to provide the Services to your Program.

The Program is responsible for having the rights to what it shares. That includes copyrighted music, digital parts and recordings: sharing them only with the students who need them does not by itself give the Program the right to copy or share them. We may remove content that breaks these Terms or the law. To report content you believe infringes your copyright, email support@myprogrampartner.com with the work, where it appears, and your contact details. [Designated copyright agent — counsel to confirm.]

9. Our property

Program Partner’s software, design, name and logo belong to us. While your Program’s subscription is active, its authorized users may use the Services for the Program’s own purposes under these Terms. If you send us ideas or feedback, we may use them without owing you anything.

10. Other companies’ services

Some features rely on other companies’ services, such as Google sign-in, Google Calendar and Google Drive, Outlook calendars, and Stripe, Square and PayPal. Their own terms apply when you use them, and we are not responsible for them. If one of them changes or stops a service, the matching feature may change or stop too.

11. Availability and changes to the Services

We work to keep the Services running, but we can’t promise they will never be interrupted, including for maintenance. We add and change features over time. We won’t remove a core feature a Program relies on during a paid term without telling the Program first. We back up the database and uploaded files every day and keep those backups for 30 days, but a Program should still export the records it must keep.

12. Ending service

• A Program can stop using the Services as its order form allows.
• We may suspend or end access for unpaid invoices (after the notice in section 6), for a serious or repeated breach of these Terms, or to protect the Services or other Programs. We’ll give notice first when we reasonably can.
• A user’s access ends when the Program removes it.
• The Program’s records afterward. Directors can export records at any time. When a Program’s service ends, or it asks us in writing, we’ll send an export if asked and then delete its records within 45 days. Deletion starts after a 14-day hold, so a request made by mistake can be stopped. Parent and student logins that belong to no other Program are deleted with it. Copies in backups expire within 30 days after that.

13. Disclaimers

To the extent the law allows, the Services are provided “as is” and “as available,” without warranties of any kind beyond those in a Program’s signed agreement. Program Partner helps a Program keep its records; it does not replace the Program’s own bookkeeping, audits or legal duties, and it doesn’t give accounting, tax or legal advice.

14. Limits on liability

To the extent the law allows: neither party is liable for indirect, incidental, special or consequential damages, or for lost profits; and Program Partner’s total liability for any claim about the Services is limited to the fees the Program paid us in the [12] months before the claim. [Counsel: whether data-protection breaches sit outside the cap.]

15. Responsibility for claims

To the extent the law allows, a Program will cover claims by others arising from content it adds or from its unlawful use of the Services, and we will cover claims that the Services, as we provide them, infringe someone else’s intellectual property. [Counsel: public schools often can’t take on this obligation.]

16. Governing law and disputes

These Terms are governed by the laws of [Georgia]. If a dispute comes up, we’ll each try in good faith to settle it informally for 30 days first. If that fails, it goes to the state or federal courts in [county], [Georgia]. If a Program is a public body that the law requires to use its own state’s law or courts, those apply instead.

17. Changes to these Terms

We may update these Terms. We’ll post the new version here with a new effective date, and email each Program’s administrators at least 30 days before a material change takes effect. Continuing to use the Services after that means you accept the change. A signed agreement changes only in writing signed by both parties.

18. General

These Terms, the Program’s order form and any signed agreement are the whole agreement about the Services. If part of these Terms can’t be enforced, the rest still applies. Not enforcing a term isn’t a waiver of it. Neither party is responsible for delays caused by events outside its reasonable control. If Program Partner is merged or acquired, these Terms pass to the new owner, and data privacy agreements stay in force. Notices to us go to support@myprogrampartner.com; notices to a Program go to its administrators’ email addresses.

19. Contact

Questions about these Terms: support@myprogrampartner.com.