Revised January 23rd, 2020.
THIS IS AN AGREEMENT BETWEEN YOU OR THE CHURCH THAT YOU REPRESENT (hereinafter “You” or “Your”) AND CALM SEAS SOFTWARE, LLC (hereinafter “We” or “Us”) GOVERNING YOUR USE OF THE TOOLS4CHURCH WEBSITE / APPLICATION (hereinafter “Tools4Church”).
Acceptance of Terms
Description of Services
Through the Tools4Church website / app and supporting resources such as networks, servers, databases, and programming code, we provide tools to assist church pastors and staff in their work. These tools support Mobile Access to church-related data, Pastoral Care, and Financial Analytics. To provide these tools, Tools4Church uses data from church-owned or -licensed information system(s) and does any of the following: copies portions of it, supplements it, analyzes it, summarizes it, and displays it.
Personal Information and Privacy
IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT ALL DATA AND INFORMATION PROVIDED BY YOU TO TOOLS4CHURCH ARE LEGALLY IN YOUR POSSESSION AND MAY LEGALLY BE PROVIDED TO TOOLS4CHURCH. THIS INCLUDES, BUT IS NOT LIMITED TO, PERSONALLY-IDENTIFIABLE INFORMATION OF MEMBERS OF YOUR CHURCH AND THEIR FAMILIES. IF YOU ARE ESTABLISHING AN ACCOUNT FOR A CHURCH AND/OR USING TOOLS4CHURCH AS AN ADMINISTRATOR OR WITH ADMINISTRATOR PRIVILEGES, YOU REPRESENT THAT THE CHURCH HAS THE RIGHT TO POSSESS AND USE ANY DATA AND INFORMATION PROVIDED TO TOOLS4CHURCH FOR THE PURPOSES FOR WHICH THEY ARE USED IN THE TOOLS4CHURCH APPLICATION, AND THAT SUCH USE OF THE DATA AND INFORMATION COMPLIES WITH ALL APPLICABLE LAWS, WHETHER THE DATA IS ENTERED, UPLOADED, ACCESSED VIA API, OR PROVIDED TO TOOLS4CHURCH VIA ANY OTHER MEANS. IN THE EVENT THAT YOU DON’T HAVE THE RIGHT TO POSSESS THE DATA AND INFORMATION WHICH YOU PROVIDE TO TOOLS4CHURCH, OR IN THE EVENT THAT YOU DO NOT HAVE THE LEGAL RIGHT TO PROVIDE SUCH DATA AND INFORMATION TO TOOLS4CHURCH, THEN YOU WILL INDEMNIFY AND HOLD HARMLESS CALM SEAS SOFTWARE, LLC. FROM AND AGAINST ANY LIABILITY, LOSS, CLAIM, OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY CALM SEAS SOFTWARE, LLC. ARISING OUT OF YOUR FAILURE TO HAVE THE RIGHT TO POSSESS SUCH DATA OR INFORMATION OR THE RIGHT TO PROVIDE SUCH DATA OR INFORMATION TO TOOLS4CHURCH.
When creating an account with Tools4Church you must complete the registration process by providing us with current, complete and accurate information as prompted by the account creation form. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us at support@Tools4Church.com immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
If you are using Tools4Church as an administrator or with administrator privileges, you may grant access to additional users to Tools4Church. You are responsible for the use of those accounts and for maintaining appropriate security permissions for those accounts including deactivating / deleting accounts for users that should no longer have access to your church’s information through Tools4Church, for example, former employees and former church members.
Fees, Payments, and Upgrading, Downgrading, and Canceling Service
Tools4Church is available under various subscriptions. Your subscription price will be billed in advance on a monthly basis and is non-refundable. Neither refunds nor credits will be issued for partial months of service, downgraded service, or months unused during a subscription. Canceled service will terminate, and downgraded service will take effect at the end of the current, paid billing period. Upgraded service will take effect immediately and be charged a pro-rated fee for the current month of service and then be charged at the normal rate for future months.
Service can be canceled, upgraded, or downgraded by contacting us at support@Tools4Church.com.
From time to time, we may change the subscription prices for Tools4Church. Any increase in charges will be communicated via e-mail to all users designated as Administrator on your church’s account at least 30 days in advance of the increase.
Churches with whom Horizons Stewardship Co, Inc., has a written Client Agreement may qualify for discounted use of the Tools4Church Financial Analytics tool. Any applicable discount will automatically be applied to your church’s bill during the duration of your Client Agreement and will expire at the conclusion of the Client Agreement. Users wishing to take advantage of this offer should contact their Horizons Stewardship representative to facilitate the setup of the church’s Tools4Church account rather than setting up their account through the Tools4Church website / app. If you believe your church qualifies for a discount that it is not receiving, please contact us at support@Tools4Church.com.
Suspension and Termination
If your bandwidth or storage usage significantly (as determined solely by us) exceeds the average of other Tools4Church users, we reserve the right to immediately disable your account or limit your bandwidth or storage until you can reduce your usage.
We reserve the right to suspend or terminate your account and refuse any and all current or future use of Tools4Church for any reason at any time. Such termination will result in the deactivation or deletion of your account and loss of access to all content in your Account. Calm Seas Software reserves the right to refuse service to anyone for any reason at any time.
Inactive Accounts Policy
We reserve the right to terminate accounts that are inactive for a continuous period of 180 days. In the event of such termination, all data associated with such account will be deleted. We will provide you prior notice of such termination and the option to back-up your data. If at least one user of a church account is active, the account will not be considered inactive.
Communication From Us
Tools4Church may include certain communications from us, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using Tools4Church. We provide you the option of opting out from receiving newsletters and marketing communications from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.
Restrictions on Use
You may use Tools4Church and any output it produces such as graphs and reports for the internal business purposes of your church. You may not use Tools4Church or any output it produces for any commercial purpose.
You may not decompile, reverse engineer, disassemble, or otherwise reduce Tools4Church to a human-perceivable form. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any part of Tools4Church.
You shall not: (i) transfer Tools4Church or otherwise make it available to any other church or third party, except that as an administrator or with administrator privileges you may grant access to additional users to your Tools4Church account; (ii) provide any service based on Tools4Church without prior written permission; (iii) use any third party links to sites without agreeing to their website terms & conditions; (iv) post links to third party sites or use their logo, company name, etc. without their prior written permission; (v) use Tools4Church in any manner that could damage, disable, overburden, impair or harm any server, network, computer system, or resource of us; (vi) violate any applicable local, state, national or international law; or (vii) create a false identity to mislead any person as to the identity or origin of any communication.
Links to Third Party Sites
Disclaimer of Warranties
We do not warrant that (i) Tools4Church will meet your specific requirements, (ii) Tools4Church will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Tools4Church will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through Tools4Church will meet your expectations, or (v) any errors in Tools4Church will be corrected.
Limitation of Liability
You expressly understand and agree that we 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 Tools4Church; (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 Tools4Church; (iii) unauthorized access to or alteration of your data; (iv) or any other matter relating to Tools4Church.
If you suspect an error in Tools4Church or any calculation in Tools4Church, please contact support@Tools4Church.com.