Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the MySummitKeep platform, including all associated applications, APIs, features, and services (collectively, the “Service”) provided by MySummitKeep LLC, a Florida limited liability company (“Provider,” “we,” “us,” or “our”).

BY CLICKING “I AGREE,” “CREATE ACCOUNT,” OR ANY SIMILAR BUTTON DURING REGISTRATION, OR BY OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND THE INCORPORATED POLICIES LISTED IN SECTION 15. IF YOU DO NOT AGREE, DO NOT CREATE AN ACCOUNT OR USE THE SERVICE.

If you are accepting these Terms on behalf of a Scouting America unit, troop, pack, crew, or other organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to “you” or “Customer” include that organization.

1. Eligibility and Account Registration

1.1 Eligibility

To use the Service, you must: (a) be at least eighteen (18) years of age; (b) have the authority to bind the troop, pack, crew, or other Scouting America unit on whose behalf you are registering; and (c) provide accurate, complete, and current registration information. You are responsible for maintaining the security of your account credentials and for all activities under your account.

1.2 Acceptance Mechanism

Your agreement to these Terms is confirmed when you: (a) click a button or check a box indicating acceptance during account registration; (b) access or use the Service after being presented with these Terms; or (c) execute an Order Form that references these Terms. Each of these actions constitutes your electronic signature and your consent to be bound by the Terms and the Incorporated Policies.

2. Description of the Service

MySummitKeep is a cloud-based troop management platform designed to support Scouting America (Boy Scouts of America) units in managing advancement tracking, event planning, health record management, communications, financial recordkeeping, and other unit administration activities. The Service is not affiliated with, endorsed by, or sponsored by the Boy Scouts of America or Scouting America.

3. Subscription Plans, Fees, and Auto-Renewal

3.1 Plans

The Service is offered through subscription plans as described on our pricing page or in an applicable Order Form. Plan features, limitations, and pricing are subject to change; however, changes to pricing will not apply to your current paid Subscription Term.

3.2 Free Tier

A free tier may be offered with limited functionality. The free tier is provided without any service-level commitments and may be modified or discontinued at any time.

3.3 Billing

Paid subscriptions are billed in advance on a monthly or annual basis, as selected. All fees are non-refundable except (a) as required by applicable law (including consumer protection laws of your state of residence), (b) as expressly provided in these Terms, or (c) where you cancel within any free-trial conversion window disclosed at sign-up.

3.4 Automatic Renewal Disclosure

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD AT THE THEN-CURRENT RATE FOR THE SAME RENEWAL TERM, UNLESS YOU CANCEL BEFORE THE END OF THE THEN-CURRENT TERM.

By providing a payment method and starting a paid subscription, you authorize MySummitKeep to charge that payment method on each renewal date. You will receive an email reminder at least seven (7) days before each annual renewal and at least three (3) days before any price change takes effect, in each case stating the renewal date, the amount that will be charged, and a one-click link to cancel. You may cancel at any time in Settings → Billing → Cancel Subscription or by emailing support@mysummitkeep.com; we will acknowledge cancellation within one (1) business day.

This disclosure is intended to comply with California Business & Professions Code §§ 17600–17606 and equivalent automatic-renewal laws in other states.

3.5 Cancellation and Refunds

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing period. We do not provide pro-rated refunds for unused portions of a billing period except where required by applicable law.

4. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated herein by reference. You agree not to:

Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
Upload, transmit, or store any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or otherwise objectionable.
Attempt to gain unauthorized access to any portion of the Service or any other systems or networks connected to the Service.
Use the Service to store or transmit any malware, viruses, or malicious code.
Interfere with or disrupt the integrity or performance of the Service.
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
Resell, sublicense, or redistribute the Service without our prior written consent.
Enter or upload personal information of children under thirteen (13) without using the parental consent workflows provided by the Service, or otherwise circumvent the consent and notice mechanisms MySummitKeep relies on as the COPPA operator.

5. Customer Data

5.1 Ownership

You retain all ownership rights in the data and content you upload to the Service (“Customer Data”). We claim no ownership over Customer Data.

5.2 License

You grant us a limited, non-exclusive license to use, process, store, and display Customer Data solely as necessary to provide and improve the Service in accordance with these Terms and our Privacy Policy.

5.3 Responsibility

You are solely responsible for the content and accuracy of Customer Data. You represent and warrant that you have all necessary rights to upload Customer Data to the Service. For personal information of children under thirteen (13), you agree to facilitate and cooperate with the parental notice and consent workflows MySummitKeep provides as the COPPA operator, and not to enter such information outside those workflows.

5.4 Data Export

You may export your Customer Data at any time using the Service’s built-in export tools. Upon account termination, you will have thirty (30) days to export your data before it is scheduled for deletion.

6. Privacy

Our collection and use of your information is governed by our Privacy Policy and, where applicable, the Children’s Privacy Policy, each of which is incorporated herein by reference.

7. Intellectual Property and Copyright (DMCA)

7.1 Our IP

The Service, including all software, technology, designs, text, graphics, logos, and trademarks, is the property of MySummitKeep LLC or its licensors and is protected by applicable intellectual property laws. These Terms do not grant you any rights to use our trademarks, logos, or other brand features.

7.2 Copyright Infringement Notices (17 U.S.C. § 512)

We respect the intellectual property rights of others and respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”). To submit a DMCA notice, send the following to our Designated Agent:

A physical or electronic signature of the copyright owner or authorized agent;
Identification of the copyrighted work claimed to be infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service (sufficient to permit us to locate the material);
Your contact information (address, telephone, email);
A statement that you have a good-faith belief that the use is not authorized; and
A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

DMCA Designated Agent MySummitKeep LLC Attn: DMCA Designated Agent 5005 W Laurel St, Ste 100 #3250 Tampa, FL 33607 Phone: (813) 418-6800 Email: dmca@mysummitkeep.com

Our Designated Agent is registered with the U.S. Copyright Office. A counter-notice procedure is available; details will be provided upon receipt of any takedown.

We will terminate the accounts of users determined, in our reasonable judgment, to be repeat infringers.

8. Third-Party Services

The Service may integrate with or contain links to third-party services. We are not responsible for the availability, accuracy, or content of such services, and your use of third-party services is subject to the applicable third party’s terms and privacy policies.

9. SMS / Text Message Service

By providing your mobile phone number and opting in to MySummitKeep SMS notifications, you consent to receive recurring automated text messages from MySummitKeep at the number you provided, related to your unit’s use of the Service. Your consent is not transferred to, or shared with, any other sender. You can opt out at any time by replying STOP, or by disabling SMS in your account settings.

Message frequency varies; up to six (6) messages per month per user. Message and data rates may apply. Reply HELP for assistance or contact support@mysummitkeep.com.

We honor opt-out requests within twenty-four (24) hours of receipt and in all events within the period required by the Telephone Consumer Protection Act (“TCPA”) and FCC rules. Opt-in is express; we do not enroll users in SMS programs without their explicit consent.

Our SMS service is operated through Microsoft Azure Communication Services on a verified U.S. toll-free number. We do not sell or share your mobile phone number for marketing purposes with any other party.

For full details on the SMS program, see our SMS Notifications page. For details on the data we collect via SMS opt-in, see our Privacy Policy.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MYSUMMITKEEP LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) FIVE HUNDRED DOLLARS ($500.00).

The foregoing cap does not apply to: (i) MySummitKeep’s indemnification obligations under Section 12.2; (ii) MySummitKeep’s confidentiality obligations under any executed nondisclosure agreement; or (iii) liability that cannot be excluded or limited under applicable law.

12. Indemnification

12.1 By You

You agree to indemnify, defend, and hold harmless MySummitKeep LLC and its officers, directors, employees, agents, and successors from any third-party claims arising from or related to: (a) your violation of these Terms; (b) Customer Data you upload that infringes a third party’s rights or applicable law; or (c) your violation of applicable law in connection with your use of the Service.

12.2 By Us

We will defend you against any third-party claim alleging that the Service, as provided by us and used in accordance with these Terms, infringes a U.S. patent, copyright, trademark, or trade secret, and will pay damages finally awarded (or amounts in a settlement we approve). If the Service is held or believed by us to infringe, we may, at our option: (a) modify the Service to be non-infringing; (b) obtain a license; or (c) terminate the affected subscription and refund any pre-paid, unused fees.

12.3 Cap

Each Party’s indemnification obligations are subject to the limitations in Section 11 except as expressly carved out there.

12.4 Procedure

The indemnified Party must promptly notify the indemnifying Party of the claim, give the indemnifying Party sole control of defense and settlement, and reasonably cooperate.

13. Termination

We may suspend or terminate your access to the Service at any time for material breach of these Terms (with reasonable notice and an opportunity to cure where practicable) or for convenience with thirty (30) days’ written notice. You may terminate your account at any time. Upon termination, your right to use the Service will immediately cease, and we will handle your Customer Data as described in Section 5.4. If we terminate for convenience, we will refund any pre-paid, unused fees on a pro-rata basis.

14. Dispute Resolution

14.1 Informal Resolution

Before filing any formal dispute, you agree to attempt to resolve the dispute informally by contacting us. We will attempt to resolve the dispute within thirty (30) days.

14.2 Small-Claims Carve-Out

Either Party may bring an individual action in small-claims court of competent jurisdiction.

14.3 Binding Arbitration

If informal resolution fails and the dispute is not eligible for small-claims court, any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in Hillsborough County, Florida, or, at your election, by remote/virtual hearing. The arbitrator’s award shall be final and binding.

14.4 Class Action Waiver

YOU AND WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

15. General Provisions

Incorporated Policies. These Terms incorporate by reference: the Privacy Policy, the Acceptable Use Policy, the Cookie Policy, the Children’s Privacy Policy, the Cloud Service Agreement, the Data Processing Addendum, the SMS Notifications page, and, where applicable, the Business Associate Agreement.
Governing Law. These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles.
Entire Agreement. These Terms, together with the Incorporated Policies and any applicable Order Forms, constitute the entire agreement between you and us.
Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
Waiver. Our failure to enforce any right or provision is not a waiver.
Assignment. You may not assign these Terms without our prior written consent. We may assign without restriction.
Force Majeure. We are not liable for any failure to perform due to causes beyond our reasonable control.
Updates to These Terms. We may update these Terms from time to time. Material changes will be notified at least thirty (30) days in advance by email and/or through the Service. For material changes affecting children’s information or sensitive personal information, we will obtain affirmative consent before the change takes effect.

16. Contact Information

MySummitKeep LLC 5005 W Laurel St, Ste 100 #3250 Tampa, FL 33607 Phone: (813) 418-6800 Emai