By using the products or services 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.
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". 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.
If a discrepancy exists between these Terms and any other document or communication, these Terms shall take precedence.
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.
You must provide your 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. 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. 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. 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.
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. In the event that you close your Account, or in the event your Account is terminated for any reason, we may retain your Data in the Service or a copy of your Data in a backup for a limited period of time, but we are under no obligation to do so.
Our handling and use of your information and data is described in our Privacy Policy. In summary, we will never intentionally share, sell or transfer your data or information to any third party without your consent, except as is necessary to provide you access to the Service.
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.
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. 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.
Although Your Church owns the Data that is entered into the Service, there may be times where it is unclear to us who has the right to access that data. In the event of an internal conflict or dispute at Your Church, or between Users associated with your Account, we may temporarily limit or prevent access to the Service until such time as we can determine which Users should have access to your Account and Data. Such internal conflicts and disputes may include (but are not limited to): staff firings, church splits, hostile takeovers, and rouge users. We recommend that you limit the number of Admin users to one to two, as Admins have the ability to delete Users and modify user account permissions. Ultimately, when an internal conflict occurs at Your Church, the Admin users and/or the parties making payment for the Service will be granted access to the account and data, at our sole discretion.
You are responsible for maintaining the security of your Account, including keeping confidential any user name(s), password(s) or related account information. Use a strong password and limit its use to this Account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above, or from any breach of your user name, password or other data.
Each user account or login may only be used by one person; a single login shared by multiple people is not permitted, with the one exception that multiple people may share a single, limited-access login for the purpose of performing attendance check-in. Your Account includes a minimum of ten user accounts. Larger name tier plans may include more than ten user accounts at our discretion. Additional user accounts can be requested once you reach the number allotted for your name tier or subscription. We reserve the right to charge a fee for additional user accounts beyond our typical allotment.
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 if we, in our sole discretion, deem your use to be excessive or unreasonable.
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.
You will not attempt to enter more than one first name per record in order to bypass the name limit of your purchased tier or subscription, or to perform any other manipulation of data to avoid purchasing an item, product, or upgrade that you would otherwise be required to purchase.
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.
While we strive to maintain an industry-leading 99.9999% uptime, we do not warrant that the Service will be available all the time, 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. 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. If 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.
For best results, we recommend the use of Chrome, Firefox, and Safari browsers when accessing the Service. Use of Internet Explorer is not recommended or supported. Additionally, some third-party browser plug-ins, extensions, toolbars or add-ons may cause undesired conflicts with the Service. 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.
We generally only provide technical support to people who are set up as Users on your Account, or to authorized contacts. 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. You agree and consent that any support provided by us via phone call, Zoom call, or other similar medium may be recorded for quality assurance or other internal purposes.
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 anyone else.
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 if a payment due date is approaching. 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. 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.
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. If no payment is made within 21 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 all Data you have entered or provided to the Service.
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.
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.
Customers in the United States may be able to pay for the Service using a U.S. bank account (ACH) payment. If you choose the ACH payment option, you understand and agree that we will charge you a fee, not to exceed $15.00 USD, for each failed or returned ACH payment. Reasons for a failed ACH payment may include (but are not limited to) insufficient funds in the bank account, the bank account being closed, or the bank account is not set up for ACH payments.
If you select a monthly subscription term, we will automatically charge your payment source (card or bank account) on your subscription renewal date. You can cancel your subscription, switch to annual billing, or change your payment source at any time in Administrator Settings. We cannot offer refunds for previous monthly charges. Once you cancel your subscription, we will no longer charge your payment source unless you have an unpaid messaging, upgrade, or fee balance on your account. Keep in mind that ACH payments take several days to process; once initiated, funds may still be removed from your bank account if you cancel your service after the ACH payment was initiated.
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. Since we give a sizable discount when you make an annual purchase, we will typically not be able to offer a refund if you wish to cancel your Account prior to your next renewal date. Refunds for annual purchases will be at our sole discretion and are evaluated on a case-by-case basis. The amount of refund, if any, may be pro-rated or reduced, at our discretion. We also reserve the right to subtract any non-refundable add-ons, discounts, promotions, or upgrades from any refund amount. No refunds are available for service dates prior to our receipt of your cancellation form submission, even if the Service was not utilized during a period prior to our receipt of your cancellation form submission. There are no refunds on messaging products.
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.
If you decide to close your account but have an unpaid usage balance due that exceeds $1.00, you authorize us to perform a one-time charge to your card to satisfy this balance prior to closing your account. If we are unable to charge your card, or a valid card is not available, you agree to promptly submit payment to bring your balance to zero.
If 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 cannot guarantee that there will be a backup of your data available. If 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, providing that a backup exists. We may impose a reasonable fee for this data restoration service. 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 selected plan. 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.
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 using the price at the time of the purchase or upgrade. 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 or without 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. At our discretion, we may automatically update your Account to a newer plan if you are on an older plan or pricing model. Current pricing will always be published on our website(s).
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.
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.
ChurchTrac shall not be liable to you or to any third party for any modification, price change, suspension or discontinuation of the Service.
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.
By using messaging features built into the Service (including, but not limited to Email, Voice, and Text/SMS messaging), you agree to abide by the additional terms in this section.
You acknowledge that certain messaging features may incur a cost that is not covered by your plan subscription fees or costs. We will periodically charge your card or stored payment method for any usage fees which are incurred by your Account. In the event we are unable to charge your stored payment method for usage charges, you agree to manually submit payment for any such usage charges.
You understand that any voice or SMS broadcast sent by you may incur a charge for recipients of that message. In no way are we to be held responsible or liable for these charges, or for any other charges incurred by you or recipients of your message. You agree to pay any fees or claims against ChurchTrac Software, Inc. by any recipient of any messages you send, or that are sent on your behalf.
We do not guarantee that all recipients will be capable of receiving messages sent by you, or that a particular carrier or provider will support or deliver messages sent by you.
You agree that we may limit or suspend your use of the messaging features for any reason we deem appropriate.
In no way are we responsible or liable for any unavailability or limitation of any messaging feature, even if the unavailability or limitation is caused by us.
We do not warrant that the messaging features will be functional at all times, nor do we guarantee that all or any messages will be delivered. Network issues, including issues outside of our control, may affect the deliverability of messages sent through the Service.
We do not guarantee that messaging features will work with all providers. Messaging features may not be available in all geographic regions or locations.
You may send messages only to individuals in your database who are associated with your organization and who have opted to receive messages from you. Under no circumstances shall you send messages to individuals or organizations who have opted not to receive messages from you. You must remove any such names and contact information from your database within ten (10) calendar days of receiving the opt-out request.
You agree to follow good messaging protocols, rules and standards, which are listed on the messaging pages within the application.
Carriers and service providers may limit the number of messages that you can send per hour, day, or other time frame. Some providers may prevent delivery or block your messages if they determine that you have exceeded a threshold of messages to their customers within a specific timeframe of their choosing. We are in no way liable to you or responsible for any restrictions that carriers or service providers may impose on your ability to send messages to their customers, or for any other deliverability issues that may arise.
The following behaviors are not permitted: sending unsolicited messages, sending mass marketing or bulk messages, sending harassing or abusive messages, engaging in fraud, phishing or sending of sensitive data, misrepresenting your identity (spoofing), or any other practice that we, in our sole discretion, deem inappropriate. We may suspend or close your account if we determine that you are engaging in these or similar practices. Engaging in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
If we receive any complaints from recipients or carriers regarding your use of messaging features, we reserve the right to limit, suspend or terminate your Account, at our sole discretion. Complaints may include, but are not limited to, your use of messaging features to send SPAM, commercial, illegal, pornographic, offensive, harassing, libelous, abusive, threatening, hateful, harmful, vulgar, distasteful, defamatory, indecent, objectionable or inappropriate messages. Additionally, complaints may also come from recipients of a legitimate message who have requested to be removed from your delivery list. You agree that any complaints that result in fines, fees, damages or charges will be paid by you.
All messages sent through the Service should be for legitimate ministry purposes.
You may not sell or resell messaging features or use the messaging features for purpose that is not directly associated with the ministry of your church.
For some customers, the sending of messages through the Service may require the purchase of credits. Unused credits may have an expiration date. If not explicitly posted, the expiration date on messaging credits is 365 days from the date the messaging credits were purchased. After the expiration date you forfeit any unused messaging credits.
The messaging features of the Service should not be used for emergency-related needs, or for delivering information of critical importance. Messages should be informational and not promotional in nature. You should never use the messaging features of ChurchTrac to attempt to sell a product or service.
We provide the messaging features on an "as is" and "as available" basis with no guarantee or warranty of any kind, whether expressed or implied. If you access or transmit any data through the Service, you do so at your own discretion and risk.
We may provide you with the option to connect with and send messages through a third-party messaging service. We are not endorsing or recommending any third-party provider, even if we provide an integration to a particular provider. We may charge you a fee to enable a third-party integration, which will be in addition to your normal subscription fee. Any integration with a third-party service is provided "as is" with no guarantees or warranties. Not all third-party services will be compatible with the ChurchTrac Service. If third-party messaging service is enabled for your account, the third-party will charge or bill you directly for any messaging usage on their platform, including messages you send through the Service. These charges are in addition to and separate from any charges for your ChurchTrac plan or subscription. You accept all fees charged by the third-party messaging service and agree that these fees are solely the responsibility of your church; ChurchTrac will not be responsible for any third-party fees or charges either to you or your message recipients. The fees charged by the third-party messaging service may vary by region or by country. Longer messages may incur higher fees from the third-party messaging service. Third-party integrations may not be available in all regions. ChurchTrac does not guarantee that any third-party service will always be available or that it will continue to work with the Service. Failure to maintain an account in good standing with the third-party messaging service will likely result in your inability to send messages through the ChurchTrac Service. We may choose to discontinue an integration with a third-party service at any time, with or without notice to you.
Some ChurchTrac plans may include a limited number of free SMS messages each month. If you enable a third-party messaging service, ChurchTrac will no longer provide any free SMS messages, regardless of the plan you have selected, and all messages sent from the Service will be billed or charged to you by the third-party messaging service. The third-party messaging service may or may not provide any free messages or credits. ChurchTrac will not provide any credit or reimbursement to you for messages that were charged to you by the third-party messaging service.
Any incoming messages to your SMS phone number, including replies to your outgoing messages and unsolicited incoming SMS messages, may incur a fee. If you use ChurchTrac messaging, we will charge you at our per-recipient rate for each incoming SMS message segment on your account. If you use a third-party messaging service, these fees will be charged by the third-party messaging provider at their established rate.
Before you send an SMS message to a recipient for the first time, we will send a required opt-in message to that recipient. This opt-in message counts as an additional "recipient" or segment for billing purposes. If you are using a third-party messaging service, the charge will be assessed by the third-party messaging provider at their established rate. Any reply, including a reply to the required opt-in message, is also billable as a message segment by the standards set forth in this section. If the recipient fails to reply, or if a recipient replies with "No" (opt-out), you must remove the number from your database and no longer attempt to send SMS messages to that number.
An SMS message sent to an invalid or opt-out number may still be billable or charged as a recipient, even if the message is not delivered to the intended recipient. While we attempt to prevent repeat sending to invalid or opt-out numbers, it is your sole responsibility to remove these numbers from your database. You agree that we are not required or obligated to provide you a credit or reimbursement for undelivered messages, regardless of the message type or messaging provider.
We may provide you with the ability to send emails through the Service. Email (as well as other messaging features) may not be available for all plans or subscriptions or regions. You agree to not send an unreasonable number of emails or other messages using the service. The number that is considered reasonable is solely determined by us and will vary based on the tier of service you have purchased. We will attempt to notify you if we believe your usage is excessive. You agree that we have the right to limit your usage based on what we deem appropriate. You will not send unsolicited messages through the Service, or test email validity using the service. If we detect a large number of bounces or complaints associated with your account, we reserve the right to limit, suspend or terminate your messaging abilities or your ChurchTrac account, at our sole discretion. If your account or sending privileges are suspended, we reserve the right to charge you a fee to re-enable your account or sending privileges.
Messages sent from the service, regardless of medium, are not private. You agree and accept that ChurchTrac employees or agents may view messages sent from the Service, even if that message is sent through a third-party messaging service. All messages are scanned for spam or other prohibited content. If such content is detected, a member of the ChurchTrac team will review and manually approve or reject an outgoing message. We may choose, at our sole discretion, to delete an outgoing message or prevent a message from being delivered or take other action regarding a queued message that we deem inappropriate or in violation of our requirements.
Online Giving is a ChurchTrac feature that is processed through an integration with Stripe, a third-party payment and merchant account provider. A Stripe account is required to process online giving through ChurchTrac. Your church will be the owner and the sole responsible party for your Stripe account. Your church assumes all responsibility and liability for any fees or charges imposed by Stripe. This includes (but is not limited to) processing fees, dispute fees, chargebacks, and refunds. Use of the Stripe service is also subject to Stripe's Terms and Conditions.
Stripe is a third-party company that is not affiliated with ChurchTrac. Stripe charges processing and other fees to use their merchant processing services. Stripe's fees are set by Stripe and are not determined or controlled by ChurchTrac. You may have the ability to negotiate a better rate with Stripe by contacting them directly. ChurchTrac does not add any mark-up to Stripe's fees or add any additional processing fees when using our Online Giving feature. However, ChurchTrac reserves the right to limit or prevent access to ChurchTrac's Online Giving feature on a case-by-case basis at our sole discretion.
When a Stripe account is connected to the ChurchTrac platform, we will have access to a limited set of data on that Stripe account. For example, Stripe shares certain data with ChurchTrac, allowing us to create charges on behalf of your donors, as well as providing us the necessary information to update your database when a contribution is received. ChurchTrac does not store or process card or bank account data on its servers, nor do we at any time have access to your bank account information or the financial information of your donors. Stripe shares a limited set of other data from connected accounts, which we may use to assist with troubleshooting or setup. Our access to this data is governed by our Privacy Policy.
When enabled by your church, ChurchTrac will ask a donor using a credit or debit card if they wish to increase their gift or contribution amount to help cover the estimated processing fees that will be charged by Stripe. You can turn this feature on or off in ChurchTrac's Online Giving Settings. When enabled, and when the donor chooses this option, ChurchTrac will estimate the Stripe fee by adding a flat 3% (three percent) plus 30 cents to the donor's original gift amount. The actual processing fee charged by Stripe may be different from the estimated fee calculated by ChurchTrac. When selected, the donor is not actually "paying" the Stripe fee on behalf of the church; they are simply increasing the amount of their donation to help the church cover the estimated fee that will be charged by Stripe. Ultimately, your church is solely responsible for the fees charged by Stripe. In no event will ChurchTrac be responsible or liable for fees or charges incurred by you in connection to using Stripe's services or ChurchTrac's Online Giving features. ChurchTrac does not collect or charge any fees associated with online giving, nor does ChurchTrac receive any part of the fee charged by Stripe.
ChurchTrac provides various settings and options to help secure your Stripe account from fraud, including our recommended settings of requiring donors to register and requiring donors to be approved before they can give online. You are ultimately responsible for any charges on your Stripe account, and for understanding the appropriate ChurchTrac settings and options to help secure your ChurchTrac and Stripe accounts.
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.
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.
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.
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. If a user is no longer authorized by you to access the Service, you should immediately remove or change that user's access credentials.
By using this service, you agree and accept that ChurchTrac employees or agents can access your Account and Data in the event that we deem it necessary. This access is limited to employees or agents who require such access, typically for the purpose of troubleshooting or providing technical support to your church. When such access is deemed necessary, we will access your Data only to the extent as is required to perform the required or requested task. If you do not wish for a ChurchTrac employee or agent to access your data in connection with a technical support incident, you must make that request in writing as part of each technical support incident.
We will generally not attempt to access 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 developers 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, repairs, or troubleshooting; (v) for the purpose of importing new Data provided by you. You agree that we are under no obligation to notify you if we access or modify your Data.
If your Data or any portion of your Data is provided to us through a support ticket, email, or other medium, we may not automatically delete the Data from that medium at the conclusion of the support incident. We may also retain a backup of your Data while your Account is active, and for a limited period after your Account becomes inactive. You may request in writing that we remove your Data from any or all mediums or any subset of your Data stored in your Account or in our backups. We will attempt to comply with this request within three business days.
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, except as is necessary to provide the functionality required for third-party integrations and features. For example, Stripe may require access to some of your donor's information, including name, email and other personally identifiable information in order to process a donation made to your church. Our messaging providers (including email, voice and SMS providers) may need access to names, email addresses and phone numbers of people in your database in order to send a message. If you do not wish to have your Data shared in this manner, you should not use or enable any features in the Service that require a third-party integration, including, but not limited to, messaging and online giving.
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.
You should carefully consider what data you share or make available through your Church Connect page. We recommend that you do not store individual or personally identifiable information on your page or on your cards. You are responsible to adhere to any other rules or laws for the country or region in which you reside. For example, some regions may prohibit the display of images of minors, or images of other individuals without their explicit consent. Authenticated members that use your Connect page may be able to view contact and other information of other members through the provided online directory, if enabled. Members should be given the option to choose what information they wish to share with other members, if any. If there is concern about this information being publicly available to authenticated members, you should turn off access to these features.
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.
We reserve the right to accept, limit, deny, cancel or reject registrations for access to the Service at any time without explanation or cause.
We reserve the right to immediately remove any Data or any Account which violates these Terms, or if the law, a court or other regulatory body requires it, or in any case that we deem appropriate or necessary.
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.
If 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. You agree that we may retain your Data for a limited period of time, even after your cancelation request is received, unless we also receive a request from you in writing to remove your Data per these Terms. Your Data may not be recovered once it has been removed from our systems.
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 termination 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.
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.
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 to falsely imply that it is associated with the Service or with ChurchTrac.
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.
You must not modify, adapt or hack the Service.
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.
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.
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.
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.
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.
You will not use or access the Service or the ChurchTrac website(s) in any way that causes any harm to minors.
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.
If you utilize the SongSelect® service, the following additional terms in this section apply to you:
Application refers to the SongSelect application. Content refers to the SongSelect content.
All Content and the Application are provided solely and exclusively for End Users who are active subscribers to SongSelect;
All Content is the intellectual property of a third party, is protected by law, and no ownership, distribution rights, or other proprietary rights in the Content are transferred to the Partner and/or any End User.
CCLI and/or Content Owners may remove Content from the API from time-to- time without notice;
End Users must agree to comply with all SongSelect license terms and all applicable laws, including copyright law in their use of the Content and shall protect CCLI's and the Content Owners' rights;
The usage rights granted to End User are nonexclusive, are subject to revocation or termination at any time, and may not be transferred, assigned, sublicensed, distributed, or conveyed in any manner whatsoever.
CCLI and the Content Owners reserve the right to modify the provisions contained in the EULA at any time.
Neither CCLI nor Content Owners will be liable to End User for any indirect, punitive, incidental, consequential, or special damages of any kind resulting from the use of the SongSelect, the SongSelect API, or from Content made available through the SongSelect API, or for any other damages of any type, nature or description arising out of any legal theory, and End User hereby forever releases and discharges CCLI and Content Owners from any and all liability related to End User's use of or access to SongSelect, the SongSelect API, or Content made available through the SongSelect API (Partner will display this damage limitation in the EULA in conspicuous, bold, capitalized letters in compliance with all legal requirements that such limitations be conspicuous).
Partner and CCLI disclaim any and all express or implied warranties, including, without limitation any implied warranty of merchantability or fitness for a particular purpose (Partner will display these warranty disclaimers and exclusions in bold, capitalized type in compliance with laws which require such disclaimers be conspicuous).
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.
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.
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.
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).
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.
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).
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", "ChurchTrac" 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.