1. By using the service “WorshipTrac”, offered by ChurchTrac Software, Inc. ("ChurchTrac", also generically referred to as "we" or "us"), including, without limitation, all software, applications, products, technical support and other associated services ("Service"), you are agreeing to be bound by the following terms and conditions ("Terms"). We reserve the right to update and change these Terms without notice. If you do not agree to these Terms, your only recourse is to not use the Service.
2. In these Terms the phrase "Your Church" refers jointly to you (an individual) and the organization you represent, together with any and all users, members, representatives, employees or agents of the organization who access the Service. Your Church may be referred to generically as "you" or "your" or "your church".
3. Anyone from Your Church who uses or accesses the Service is also subject to these Terms. Your access to the Service is provided through your account ("Account") with us.
1. Violation of any of these Terms may result in the termination of your Account, and may result in loss of data and loss of any pre-paid or unused balance that you have paid.
2. You must provide your legal name, the full name of your church, a valid email address, and any other information requested in order to complete the signup, payment or support process.
3. The information provided must be accurate and not contain abbreviations or omissions. At our discretion, we may terminate or restrict access to any Account that provides false or incorrect information.
4. We do not sell or share your contact or other information with any third party. By signing up for the Service, you consent to us using your contact information for follow-up or other internal purposes.
5. In the event that your contact information changes, it is your responsibility to ensure that we have updated contact information for you. While we are not required to do so, we generally attempt to contact you using the information you have provided, either by email or phone, if there is an issue with your account, or before we remove an account for non-payment.
6. By using the Service you will be entering, importing and storing data about yourself, your organization, and your organization's membership ("Data") onto our servers. You retain ownership of the Data that is entered by you while using the Service, but you provide us with all consent, access and use rights necessary to provide the Service.
8. You acknowledge that it is your responsibility to comply with any and all local, state, regional, national and international laws, rules or regulations that relate to your organization and to your collection and storage of data. Depending on your region, you may need to acquire written permission from individuals to upload and/or store their personal data using the Service.
9. ChurchTrac retains all ownership rights regarding the Service, including but not limited to any trademarks, copyrights, patents, images, user interfaces, design, source code, technologies and other intellectual properties (registered and unregistered) that make the Service possible.
10. With your Account we grant you a license to access the Service on a limited, non-exclusive, revocable, non-sublicensable, non-transferable basis for ministry-related, non-commercial purposes only. It is in ChurchTrac's sole discretion to determine whether your use of the Service constitutes ministry-related, non-commercial purposes.
11. You are responsible for maintaining the security of your Account, including keeping confidential any user name(s), password(s) or related account information.
12. Additional user accounts can be requested once you reach the number alloted for your name tier or subscription. We reserve the right to charge a fee for additional user accounts beyond our typical allotment.
13. Your use of the Service must not interfere with the ability of other users or customers to access or use the Service. Excessive use of the Service may result in additional fees. We reserve the right to suspend your access to the Service in the event that we, in our sole discretion, deem your use to be excessive or unreasonable.
14. Your use of the Service does not give you access to the system or the technologies used in providing the Service, nor are you granted API-level access to the Service.
Using the Service
1. An internet connection is required to use the Service. You are responsible for acquiring internet access, including any equipment that is necessary to access the Service, at your own expense. At no time will we be responsible for charges incurred by you while accessing the Service, including but not limited to charges relating to data fees or overages charged to you by your internet service provider. We cannot guarantee the operability or general availability of the Internet or any other network or device that you might use or rely on to access the Service.
2. While we strive to maintain an industry-leading 99.9999% uptime, we do not warrant that the Service will be available at all times, or at a particular time. Many factors can impact the availability of the Service. Insofar that it depends on us, if the Service becomes unavailable, we will work diligently to restore access to the Service as soon as possible.
3. From time to time, we may need to temporarily restrict your access to the Service in order to perform maintenance, or to install updates or upgrades. However you agree that there is no compensation or credit provided to you for any disruption in service, or if the Service becomes unavailable, even if the outage is caused by us.
4. In the event that a natural or other disaster renders the Service unavailable for a prolonged period of time, we will make every effort to inform you of the outage, plus any steps we are taking to remedy the issue, and when we expect access to the Service to be restored.
5. For best results, we recommend the use of Chrome, Firefox, and Safari browsers when accessing the Service. Use of Internet Explorer is not recommended. Additionally, some third-party browser plug-ins, extensions, toolbars or add-ons may cause undesired conflicts with the Service.
6. Malware on your computer, proxies, script-blocking and content-blocking software or equipment may also cause the Service to perform in an unexpected or unusable manner. ChurchTrac shall not be responsible or liable for any performance or access issues caused by equipment, browsers (whether recommended or not), or other software, including but not limited to malware, plug-ins, toolbars, extensions, or add-ons.
7. All support requests must be initiated from our website(s). We reserve the right to charge a fee for support or assistance that is beyond the scope of what we consider normal or reasonable, or for any support that we are required to perform outside of our established business hours. We do not guarantee that support will be available at a specific time, or within a specific timeframe. Our support policies and rates, if applicable, will be posted on our website(s) or quoted to you on a case-by-case basis.
8. Certain features of the Service, when enabled, allow your church or organization members to access and update their own profiles and information. Certain data fields and information may be accessible, viewable and editable by members. Certain reports may be made available to church or organization members that contain personal or contact information for other members. If you enable or utilize these features, it is your sole responsibility to ensure that no confidential information is made available through the member access portal, and you accept full responsibility and liability for any sharing or breach of information through this portal by your organization's members or by any one else.
Payments and Refunds
1. You agree that we will charge you a fee to provide you with access to the Service. Your access to the Service is limited to the term of your subscription. You acknowledge that we will display a payment due notice to users who access the Service if a payment is due or payment due date is approaching.
2. In most cases we will attempt to notify you by phone and/or email when an account is due or past due, but we are under no obligation to do so. It is your responsibility to ensure we have a current phone and/or email address on file for you or your designated contact person. You agree that we will suspend access to the Service when your Account becomes past due. We may, at our discretion, grant you a grace period following the expiration of your Account in which the Service is still accessible to you.
3. YOU ACKNOWLEDGE THAT FAILURE TO MAKE PAYMENT ON A PAST DUE ACCOUNT WILL RESULT IN REMOVAL OF BOTH YOUR DATA AND YOUR ACCOUNT AS DESCRIBED IN THE SECTIONS BELOW.
4. At our discretion, ChurchTrac may offer you a trial period for you to use and test the Service. If you choose to continue the Service beyond your trial period, you agree to pay any applicable fees that coincide with the subscription or product that you select.
5. If no payment is made within 14 days after the conclusion of your trial period, we will consider your Account to be abandoned, and thereby subject to removal at any time, along with any and all Data you have entered or provided to the Service.
6. Likewise, any other Account in which you have previously made a payment and that is more than 40 days past due will be considered abandoned, and thereby subject to removal at any time. We may seek to notify you that your Account is due or past due, but have no requirement to do so before suspending or removing your past due Account.
7. Since we typically extend a grace period after the payment due date where your Account is still accessible, payments received after the payment due date will extend your access to the Service from the payment due date, or in some cases from the date the payment was made, at our discretion.
8. You can cancel your account at any time, however, refunds are generally not available for products or subscriptions purchased from ChurchTrac. No refunds are available for purchases or subscriptions purchased monthly, even if a recurring payment method is used.
9. Prior to closing your Account, you may request that we provide you with a full copy or export of your Data. We may be unable to comply with requests made after the expiration or cancelation of your Account. We reserve the right to provide you with a copy of your Data in whatever format we choose, and we cannot guarantee that the format we provide you with will be transferable to any other application or service. We reserve the right to charge you a fee not to exceed $50.00 USD in order to comply with your request. In the event your account has already expired or been removed from our system, or under any other circumstance that requires we extract your data from a offsite backup, we may also charge you a data restoration fee as described below.
10. In the event that your Account is terminated or removed by us for non-payment, or removed by us for any other reason, we may restore your Account, at our discretion, from an existing backup (if available). Backups are not retained indefinitely, so we can not guarantee that there will be a backup of your data available. In the event that critical Data is deleted from your Account by you, or one of your users or agents, accidentally or otherwise, we can restore your Data from an existing backup to an earlier point in time, if such backup remain.
11. The restoration fee for any data restoration service, which we may change at our discretion, is $50.00 USD. This fee is charged on a per-incident basis, and is in addition to your normal subscription fees. Additionally, if your Account is due or past due, you will also need to renew your Account for a minimum of one month at your current tier and subscription package. When your account is restored after removal for non-payment, your new monthly or yearly subscription cost will be based on our current published prices at the time of restoration.
Modifications to the Service and Prices
1. The price we charge you per name tier (base price) is locked to our current subscription rates at the time your Account is created. Your base price will remain unchanged for at least the duration of your selected subscription term (either 1 month or 1 year). Add-ons or upgrades prior to your subscription renewal may incur an additional charge.
2. We generally attempt to keep your prices locked to the same base price, even upon renewal. However, your price is subject to change upon your next renewal date with notice from us. Such notice may be provided at any time by posting the changes to the ChurchTrac website(s) or within the Service itself. Current pricing will always be published on our website(s).
3. We may occasionally introduce new features on an opt-in basis, or limit access to new features for accounts that are paid using an older subscription rate plan. In such case, you will have the option of switching to the new rate plan which includes access to such features.
4. We reserve the right to suspend, downgrade or discontinue any aspect of the Service, including the availability or functionality of any feature without any requirement of any notice to you. We may also impose limits, restrict access to, or remove certain features or parts of the application without notice.
5. ChurchTrac shall not be liable to you or to any third party for any modification, price change, suspension or discontinuation of the Service.
6. Any new features that augment or enhance the Service, including the release of new tools and resources, shall be subject to these Terms. Continued use of the Service after any such changes shall constitute your consent to such changes.
Data and Security
1. We will not intentionally use, disclose, or distribute any portion of your Data without your consent beyond the purposes or uses reasonably contemplated or necessary for our performance under these Terms.
2. We use bank-grade SSL encryption to secure your Data from unauthorized access, and have taken reasonable industry-standard steps to ensure your Data is secure. However, no system is completely immune from malicious attacks, equipment failure, acts of God, or unauthorized disclosure. You agree we cannot be responsible nor liable for any unauthorized disclosure or loss of your Data. In the event that your Data is subject to unauthorized disclosure or loss, your only recourse is to close your Account.
3. It is your responsibility to take precautions to prevent the unauthorized access or disclosure of your Data by third parties or those under your control including the users of your Account and all other of your agents and representatives. You should take precautions to safeguard your Account user names, passwords, Data and other proprietary materials. Any disclosure of any of the foregoing by you or your representatives shall be your sole responsibility, including without limit any of the following (i) The accessibility of printed reports obtained from the Service; (ii) A user who fails to log out of the Service, leaving their session available to others; (iii) Accessing the Service from a computer or device that is infected with malware; (iv) A user who shares their user name, password or other credentials with an unauthorized third party.
4. Your Church should carefully consider and select which users are granted access to the Service. It is your responsibility to grant and revoke access to users and user accounts within your Account. In the event that a user is no longer authorized by you to access the Service, you should immediately remove or change that user's access credentials.
5. ChurchTrac has limited access to your Data. We will generally not attempt to view or modify your Data, with the following exceptions: (i) updates to the Service may automatically edit or modify portions of your Data; (ii) portions of your Data may be made available to our programmers as part of our error reporting process; (iii) in the event we are requested or required to do so by a law enforcement official or court of law; (iv) for the purpose of providing support, maintenance or repairs; (v) for the purpose of importing new Data provided by you. In any case, we only retain access to your data for as long as is required to perform the necessary task. Once the task is complete, we will promptly remove our access to your data.
6. We will never sell, rent, lease or provide your Data to any third party for any purpose beyond the provision of the Service or other uses reasonably necessary or contemplated under these Terms or other use or disclosure policies of ChurchTrac. We will not intentionally grant any third party access to your Data or to your Account for any other or unrelated purposes.
7. You should not enter sensitive information into the Service. This includes, but is not limited to, social security numbers, credit card numbers, healthcare information, bank account numbers and passwords. Information is stored in your database in such a way that it may be visible to other users of your database. Furthermore, in the event of a breach, this type of information could be unwittingly disclosed to third parties. If for some reason you absolutely need to store this type of data, you should not use the Service or any other database for this type of storage. This type of data is best kept offline under lock and key.
Account Access, Cancellation and Termination
1. ChurchTrac reserves the right to deny service to any person, organization or entity at our sole and absolute discretion. We do not need to provide cause or reason of such denial of service.
You acknowledge that we may at any point choose to stop providing you with access to the Service, or restrict or limit your use of the Service for any reason or no reason, at ChurchTrac's sole and absolute discretion.
2. We reserve the right to accept, limit, deny, cancel or reject registrations for access to the Service at any time without explanation or cause.
3. We reserve the right to immediately remove any Data or any Account which violates these Terms, or in the event that the law, a court or other regulatory body requires it, or in any case that we deem appropriate or necessary.
4. Any attempt at hacking, reverse-engineering, penetration testing, excessive password-guessing, load testing, denial-of-service simulation, vulnerability scanning, or misuse of any kind will result in immediate termination of your account. Any attempts to access data belonging to another customer or another user (including, but not limited to hacking, phishing, sniffing, password guessing or brute force attacks) will result in immediate termination of your account, and may also result in legal action against you. Please note that all access attempts are logged, and a record of your computer's unique IP address is recorded for such purposes.
5. In the event that you wish to discontinue the Service, you are solely responsible for properly canceling your Account. An email or phone request to cancel your Account is not considered cancellation. Your request to cancel your Account will be considered received on the date we receive your cancelation request form submission. All of your Data will immediately be inaccessible from the Service once we process your cancellation. Your information may not be recovered once it has been removed from our systems.
6. Your access to the Service is non-transferable. Any prepaid, unused balance is non-transferable. All provisions of these Terms which by their nature should survive terminiation of your Account shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. The cancellation or termination of your account, either by you or by ChurchTrac, does not negate or nullify your responsibilities and obligations under these Terms.
1. You may not resell the Service or charge a fee to any party to access the Service. You may not copy, rent, sub-license, sell or redistribute any portion of the Service, nor may you provide access to the Service to third parties outside your church.
2. You may not, without written permission from ChurchTrac, charge a fee to any third party in order to setup or provide access to the Service. You may not presume, imply or state that you represent or are affiliated with ChurchTrac in any way. You must not modify another website so as to falsely imply that it is associated with the Service or with ChurchTrac.
3. You understand that ChurchTrac uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service and/or provide the features offered in the Service.
4. You must not modify, adapt or hack the Service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of ChurchTrac.
6. Verbal, physical, written or other abuse (including threats, threats of abuse or retribution) of any other ChurchTrac customer, any ChurchTrac employee or ChurchTrac officer will result in the immediate termination of your Account.
7. ChurchTrac does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any information, or other material obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
8. You will not upload, download, post, email or otherwise transmit or intentionally receive any content through the Service or the ChurchTrac website(s) that is unlawful, illegal, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's right to privacy, reveals private information about another person without the consent of that person, or may tend to incite others to undertake any of the foregoing activities, or violate any export or import regulations of the country of origin or receipt.
9. You will not use the Service or the ChurchTrac website(s) in a manner that violates any applicable law, rule, order, regulation, ruling or statute.
10. You will not use or access the Service or the ChurchTrac website(s) in any way that causes any harm to minors.
11. You will not upload, email, or transmit in any fashion any material though the Service or the ChurchTrac website(s) that contains software viruses, or that contains any computer code, files or programs, that are designed to destroy, limit, or interrupt the functionality of any computer software/hardware or telecommunications device/equipment.
Representations and Warranties
1. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis with no warranty, either implied or stated.
2. We do not warranty nor guarantee that the Service will be available at all times, or that your Data will be accessible at all times, or at a specific time. In addition, we are not responsible for any loss pertaining to your Data, even if the loss is the result of negligence by ChurchTrac. To the extent allowable under law, we disclaim and are not liable to you for any failure to provide access to the Service, your Data, or for any other failure, including losses that result from gross negligence on the part of ChurchTrac or its agents or employees.
3. You expressly understand and agree that ChurchTrac shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service.
4. The failure of ChurchTrac to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and ChurchTrac and governs your use of the Service, superseding any prior agreements between you and ChurchTrac (including, but not limited to, any prior versions of these Terms).
5. If any provision in these Terms are, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of these Terms, but these Terms will be construed as if the invalid, illegal, or unenforceable provisions had never been contained in these Terms, unless the deletion of those provisions would result in such a material change that would cause completion of the transactions contemplated by these Terms to be unreasonable.
6. Your Church agrees to indemnify and hold us and our affiliates, agents and employees harmless from and against any and all damages, losses, costs, expenses and claims (including reasonable attorney's fees and court costs) arising from or related to: (1) breach of any term or condition of these Terms, including, without limitation, any representation or warranty that you make herein; (2) any gross negligence, willful misconduct, fraudulent activities or unlawful acts taken by you with respect to your use of the Service or the ChurchTrac website(s); and/or (3) any claim or allegation of intellectual property infringement brought or threatened by any third party arising from your use of the Service or ChurchTrac website(s).
7. EXCEPT AS MAY OTHERWISE BE SET FORTH HEREIN, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DAMAGE OR LOSS ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE OR WEBSITE OR OUR PERFORMANCE HEREUNDER SHALL BE RETURN OF A PRORATED PORTION OF THE FEES PAID BY YOU (IF ANY), WHICH YOU AGREE IS A FAIR AND EQUITABLE REMEDY. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF USE, REVENUE OR PROFIT, LOST OR DAMAGED DATA, OR OTHER COMMERCIAL OR ECONOMIC LOSS, OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR USE OR RELIANCE UPON THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE. THIS LIMITATION SHALL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THESE TERMS. THE SERVICE IS MADE AVAILABLE ON AN "AS IS" BASIS ONLY AND WE MAKE NO WARRANTIES, CONDITIONS, INDEMNITIES, OR REPRESENTATIONS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE, OR OTHERWISE AS TO ANY MATTERS, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, INTEGRATION, ACCURACY, SECURITY, AVAILABILITY, SATISFACTORY QUALITY, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OTHER THAN AS MAY BE EXPRESSLY SET FORTH HEREIN.
The trademarks ChurchTrac®, "ChurchTrac Software", "WorshipTrac" and all other trademarks used or displayed on the ChurchTrac website(s) or through the Service are protected by applicable United States laws and are owned by ChurchTrac or our licensors. Nothing in these Terms gives you any right to use such trademark for any purpose whatsoever. ChurchTrac retains all rights to the Service and the ChurchTrac website(s) not expressly granted. ChurchTrac retains ownership of the Service. None of the components of the Service or the ChurchTrac website(s), including the documentation, may be copied, removed or altered, in whole or part, for any purpose.