Terms of use

About these terms

These Terms of use govern your use of atduty, the service at atduty.com and at every organization's address on it, including the apps and email that come with it. "atduty", "we" and "us" mean Atduty Inc. "You" means the person using atduty, or the organization you act for.

By creating an account, starting an organization or using atduty, you accept these terms and confirm that you have read our Privacy notice. If you do not accept these terms, do not use atduty.

What atduty is

atduty lets organizations (schools, clubs, training providers, event organizers and others) run events, classes, courses, bookings and registrations, and lets people register themselves and their family members with those organizations.

Each organization runs its own events and decides what it asks, what it charges and who it accepts. atduty provides the software. We are not a party to the arrangement between you and an organization you register with.

Your account

• You must give accurate information and keep it up to date.
• You are responsible for keeping your sign-in methods (password, passkeys, second factor) secure and for what happens under your account.
• Tell us at once at privacy@atduty.com if you think someone else has used your account.
• An account belongs to one person. You may register family members, including children, if you are their parent or legal guardian or are otherwise allowed to act for them.
• You must be 18 or older, or the age of majority where you live, to create an account. A younger person is registered by a parent or guardian, and learns through learner mode or a link that a parent or guardian gives them. Only a parent or guardian can give a child access to a school's courses on atduty; a school cannot do so in the parent's or guardian's place.

Learner mode and your consent

Learner mode lets a child you registered with a school do that school's courses on your account: on your own signed-in device, or on the child's device through a learner link you make.

• Learner mode starts only with your consent as the child's parent or guardian. You give it once for each child, after confirming that it is you with your passkey or password, and we record who gave it, when, how, and the version of the notice you agreed to.
• While learner mode is on, what your child enters (answers, quiz attempts and assignments) is collected with that consent and saved to their record at the school, as when you work on them together. Learner mode shows only their courses and their work; payments, messages, your family and your settings stay closed until you confirm that it is you again.
• Learner mode asks for no username, password or email for your child and sends them nothing. atduty discloses nothing your child enters to any third party; it is processed for the school, as the Privacy notice describes.
• You can withdraw your consent for a child at any time, on the Learn page. Learner mode then stops for that child on every device at once, and any learner link not yet opened is canceled. Work already saved stays in the child's record at the school, which answers a request to erase it.

Using atduty properly

You must not:

• break the law, or help someone else break it, through atduty;
• upload anything you do not have the right to share, or anything unlawful, harmful, harassing or deceptive;
• try to reach data that is not yours, test or bypass atduty's security, or interfere with the service;
• send spam, or use atduty's email or messaging to contact people who have not agreed to hear from you;
• copy, resell or scrape the service, or use it to build a competing product;
• impersonate a person or an organization.

We may remove content or suspend access that breaks these rules.

Your content

What you put into atduty (your answers, messages, files and, for an organization, its events, forms, courses and pages) remains yours. You give us a license to host, copy, display and process it only as needed to run atduty for you and for the people you share it with. That license ends when the content is deleted, except for copies we must keep by law, and for backups, which are kept for 30 days.

Payments

When you pay an organization through atduty, you pay that organization. It is the seller of what it sells; atduty provides its software and takes nothing from your payment. Card payments are processed by Stripe under the organization's own Stripe account; atduty never receives or stores your card number. Prices, refunds, cancellations and receipts are the organization's. Ask the organization first about a payment; we will help where the problem is ours.

Organizations

This part applies in addition to the rest when you start or run an organization on atduty, and to the people who act for it. The organization accepts these terms when it is started. A new version applies to it from the date it takes effect if it keeps using atduty after that date; its administrators are asked to accept it for the organization, and their acceptance is recorded, but a new version does not wait for it.

Who atduty is for

atduty is not offered to a school or an agency that receives funds from the US Department of Education and is bound by FERPA (the Family Educational Rights and Privacy Act): public schools, school districts and charter schools, and private schools that take those funds. An organization that accepts these terms states that it is not one, and tells us at once if that changes.

Responsibility for the organization's data

• The organization decides what it collects from the people who register with it and why. For that data the organization is the controller, and atduty processes it on the organization's behalf and on its instructions, as described in the Privacy notice.
• The organization is responsible for having a lawful basis, and any consent it needs, for what it collects, including a parent's or guardian's consent for a child where the law requires it.
• A school may give atduty a student's details as part of a registration. It cannot give a child access to atduty, or consent for a child, in place of the child's parent or guardian.
• The organization answers requests from its registrants about their data. atduty provides the tools (export, correction requests, erasure) and helps when asked.
• The organization keeps its own records. atduty is a tool that holds the organization's records while the organization uses it; it is not the organization's system of record. The organization is responsible for keeping its own copies of the records it must keep, for example signed waivers, payments and attendance, and downloads them from atduty while it can: a person's records are deleted when that person deletes their account or asks for their information to be erased, and the organization's when it closes. Any copy atduty keeps, such as the archive of purged events, is a backup kept on the organization's instructions, not the organization's record. atduty reminds the organization's administrators once a year, as the organization's year ends, to take a copy of its records with the organization's export, and reminds the organization when a person who signed a waiver is deleting their account.

Messages the organization sends

An organization's announcements are sent in its name, and the organization is their sender, responsible for what they say. Its promotions (news sent to people who agreed to hear from it) must go only to people who gave that agreement where the law requires it. atduty adds the organization's name, its postal address and a way to unsubscribe to each promotion, so an organization without a postal address in its settings cannot send one.

The archive of purged events

When one of the organization's events is purged from atduty (removed for good), atduty keeps an archive of it on the organization's instructions. The archive is on by default and kept after the purge for the period set in the organization's settings; the organization's administrators can change that period, or turn the archive off, there. The default and the periods available are given on written request to privacy@atduty.com. atduty uses the archive only to give it back to the organization, and a person's request to erase their information reaches it too. When the organization closes, atduty gives it its archive with its export and then deletes the archive.

No protected health information

atduty is not designed to hold protected health information as defined by HIPAA, and we do not sign business associate agreements. The organization must not use atduty to collect or store protected health information. Ordinary notes that an event needs, such as allergies, dietary needs or a medical condition to be aware of on the day, are allowed.

Training on products

An organization that sells training on a product it does not own is responsible for:

1. any license or permission it needs from the product's owner: to use the product's name and marks, to describe its training, and to use the product's materials in a course;
2. state and other legal requirements on training sold to individuals, including any licensing or approval as a private or career school, and any minimum cancellation or refund rights for consumer education contracts;
3. its own claims to learners about outcomes, jobs, placement or certification;
4. its learners' data, as the controller, including the experience answer it asks for, any résumé or link it collects, and what its certificates and verification pages show.

atduty does not check an organization's licenses, permissions or state status.

Content and materials

The organization must own, or have the rights to use, everything it uploads or writes into atduty, including course material, images and documents. It is responsible for what it publishes under its name.

Plan and billing

For an organization started before we begin charging, this section applies from the date we announce, at least 30 days ahead; for one started after it, from its start. The prices in force are those on the pricing page, which is part of these terms.

• The trial. Every organization has one trial of the plan, for 30 days from its start, with every feature and no card. It never turns into a paid plan on its own. If no plan is started by its end, the organization cannot publish a new event or catalog item or open a new term or class until it starts one. From 30 days after the trial ends, roll call, class meetings and the organization's announcements and reminders to a class pause as well, until it starts the plan. Nothing a family does is stopped: registering, paying, receipts and their own data stay open, and so do the organization's records, exports and refunds.
• The plan. The plan is a subscription, paid in advance, monthly or yearly, by card or by invoice, in US dollars, plus any tax. It is priced per block of active people at the pricing page's rates, cheaper per block as the count grows. A month's blocks are its count of active people divided by the block size, rounded up, and never fewer than one. An active person is someone with a confirmed place in a term, a class, a recurring series, a one-off event or a competition, paid or not, or with a paid appointment, at any time in a calendar month, or who buys from the organization's catalog in that month. Each person counts once a month; staff, volunteers and accompanying parents do not count. The organization's billing page shows its count and the list behind it.
• Moving between blocks. When a month closes above or below the blocks billed, the next bill follows the new count from the next period, never part way through one, and the organization's administrators are told by email. On a yearly plan, the year buys the blocks of the count when it starts or renews; a month that closes above them adds the extra blocks, billed monthly at the monthly price, until the renewal, and a month below is not refunded within the year. The count never stops anyone from registering.
• Canceling. The organization may cancel at any time. The plan ends at the end of the period paid for, and nothing is refunded for part of a period.
• An unpaid bill. If a card payment fails, or an invoice is past its due date, the organization's administrators are told by email and on its billing page. If the bill is still unpaid 30 days later, the class tools pause, as after a trial, until it is paid, and paying restores them at once. What is owed stays owed. Nothing a family does is stopped by it.
• Discounts and credits. A nonprofit, school or charity that we verify gets the nonprofit discount the pricing page shows. We may also offer a discount code or a credit. Only one discount applies at a time: a code and the nonprofit discount do not add up, and the larger one applies. A credit pays the bill after the discount.
• Price changes. We may change prices. A change applies to a new customer from its date. An existing organization is told by email and on its billing page at least 30 days before the change applies to it, at its next renewal, and never part way through a period it has paid for.
• No fee on payments. atduty takes no fee on any payment the organization receives from its families, by card or offline. Stripe charges its card processing to the organization's own Stripe account at Stripe's prices; that is not atduty's fee, and atduty adds nothing to it.
• The organization is the seller. The pages, forms, checkout, receipts and emails the organization's families see carry the organization's own name and brand, not atduty's. The organization is the seller of what it sells to its families; atduty provides its software.
• Taxes. Prices do not include tax. The organization pays any tax due on its plan.

Review, suspension and closing

A new organization may be reviewed before it can publish events, send announcements or take payments. We may suspend an organization that breaks these terms or puts its registrants or the service at risk, and will tell its administrators why unless the law or safety prevents it. An organization may close at any time; its administrators can export its data first.

Privacy

How we handle personal information is described in the Privacy notice. The providers that process data for us do so under written agreements and only to run atduty; we give their list to anyone who asks for it in writing at privacy@atduty.com.

Availability and changes to the service

We work to keep atduty available and secure, but we do not promise that it will be uninterrupted or error-free. We may change, add or remove features. When a change takes away something an organization relies on, we will tell its administrators in advance where we reasonably can.

Ending your use

You may stop using atduty and delete your account at any time from your account settings. A deleted account is removed after a 30-day grace period, during which you can ask us at privacy@atduty.com to restore it. We may suspend or end access for a serious or repeated breach of these terms.

Disclaimers

atduty is provided "as is" and "as available". To the extent the law allows, we disclaim all warranties not stated in these terms, including fitness for a particular purpose. We are not responsible for an organization's events, services, decisions, prices or refunds.

Limitation of liability

To the extent the law allows, atduty is not liable for indirect, incidental, special or consequential losses, or for lost profits, revenue or data. Our total liability for any claim is limited to the greater of the fees you paid atduty in the 12 months before the claim and 100 US dollars. Nothing in these terms limits liability that the law does not allow to be limited.

Changes to these terms

We may update these terms. A new version is published on this page with the date it takes effect, and is announced here before that date. Organization administrators are asked to accept it for their organization. If you keep using atduty after a new version takes effect, it applies to you.

Governing law

These terms are governed by the laws of the State of California, United States, without regard to its conflict-of-law rules, except where the law where you live gives you rights that cannot be waived.

A dispute about these terms or atduty is heard by the state and federal courts located in California, and you and atduty accept their jurisdiction. If the law where you live gives you the right to bring a claim in the courts where you live, you keep that right.

Contact

Questions about these terms: privacy@atduty.com.