Terms of service

1. Acceptance of terms

These terms are an agreement between Jolly Grid ("we", "us") and the organization that creates a JollyGrid Connect workspace ("Customer"), and govern use of JollyGrid Connect (the "Service") by the Customer and its members ("Users"). By creating a workspace or using the Service you agree to these terms, our Privacy Policy and our Data Processing Agreement ("DPA"). If you accept on behalf of an organization, you confirm you have authority to bind it. If you don't agree, don't use the Service.

If the Customer has signed a separate written agreement with us for the Service, that agreement controls where it conflicts with these terms.

2. Description of service

JollyGrid Connect is a workspace management platform that provides incident reporting, document management, communications, scheduling and guardian acknowledgment tools for organizations.

3. Accounts and administrators

Users are responsible for keeping their credentials confidential and for activity under their accounts. The Customer's workspace administrators control who can join the workspace and what they can see, and the Customer is responsible for its Users' compliance with these terms. Tell us promptly at support@jollygrid.com about any unauthorized access.

4. Your data

The Customer retains ownership of all data it and its Users submit to the Service ("Customer Data"). We claim no intellectual property rights over Customer Data. The Customer grants us a limited license to host, process, transmit and display Customer Data only as needed to provide, secure and support the Service.

For personal data in Customer Data, the Customer is the data controller and we act as its processor under the DPA. The Customer is responsible for having a lawful basis, and any notices or consents required by law, to submit personal data to the Service.

We don't sell Customer Data or use it for advertising.

5. Acceptable use

You agree not to:

• use the Service for any unlawful purpose or in violation of any applicable regulation;
• upload content that is infringing, defamatory, harassing or harmful, or that you have no right to share;
• upload malware or attempt to probe, scan, overload or gain unauthorized access to the Service or other workspaces;
• reverse engineer the Service except where the law allows it; or
• resell or provide the Service to third parties outside your organization.

6. Students and minors

Where a Customer uses the Service with information about students or other minors, the Customer is responsible for obtaining any consent and providing any notices required by applicable law (including, in the U.S., FERPA and COPPA). We process that information only on the Customer's instructions and only to provide the Service, as described in the DPA.

7. Security

We maintain the technical and organizational security measures described in the DPA. We will notify the Customer without undue delay after becoming aware of a security breach affecting Customer Data. No system is completely secure, and we can't guarantee that unauthorized access will never occur.

8. Availability and changes

We aim to keep the Service available but don't promise any particular uptime unless agreed in writing. We may change, add or remove features. If we plan to discontinue the Service as a whole, we'll give Customers reasonable advance notice so they can export their data.

9. Suspension and termination

The Customer may stop using the Service and delete its workspace at any time. We may suspend or terminate access for violations of these terms, abusive behavior, non-payment of any agreed fees, or where required by law or to protect the Service or others. Where practical, we'll give notice first.

After termination, Customer Data is deleted as described in the DPA (within 30 days of account deletion, subject to legally required retention). Sections 4, 10, 11, 12 and 13 survive termination.

10. Disclaimer of warranties

To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. The Service is a communication and record-keeping tool; it is not an emergency service and does not replace your organization's own safety, reporting or legal obligations.

11. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue or goodwill. Our total liability for all claims relating to the Service is limited to the greater of (a) the amounts the Customer paid us for the Service in the 12 months before the claim or (b) US $100. These limits don't apply to liability that can't be limited by law.

12. Indemnity

The Customer will defend and indemnify us against third-party claims arising from Customer Data or from the Customer's or its Users' breach of these terms or applicable law, except to the extent caused by our own breach.

13. Governing law

These terms are governed by the laws of the State of Washington, USA, and applicable U.S. federal law, without regard to conflict-of-law rules. Disputes will be heard exclusively in the state or federal courts located in Washington State, and both parties consent to their jurisdiction. Before starting proceedings, each party will try in good faith to resolve the dispute informally for 30 days.

14. General

We may update these terms; for material changes we'll notify workspace administrators at least 30 days before they take effect. Continued use after that date means acceptance. These terms, the Privacy Policy and the DPA are the entire agreement about the Service unless a separate written agreement applies. If any provision is unenforceable, the rest remains in effect. Failure to enforce a provision isn't a waiver. Neither party may assign these terms without the other's consent, except as part of a merger, acquisition or sale of substantially all related assets.

15. Contact

For support, email support@jollygrid.com. For questions about these terms, email legal@jollygrid.com. For data processing questions, email dpa@jollygrid.com.