Terms of Service

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 OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, 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 these Terms, our Privacy Policy, Acceptable Use Policy, Cookie Policy, and Children’s Privacy Policy, each of which is incorporated herein by reference.

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 and Fees

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 as required by applicable law or as expressly stated in these Terms.

3.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing period. No partial refunds will be issued for unused portions of a billing period.

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.
• Use the Service to collect, store, or process personal information of minors in violation of COPPA or other applicable laws.

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 and consents to upload Customer Data to the Service, including parental consents for data relating to minors.

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 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, which is incorporated herein by reference. By using the Service, you consent to the collection and use of your information as described therein.

7. Intellectual Property

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.

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. 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 BUT NOT LIMITED TO 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.

10. 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, RESULTING FROM: (A) YOUR USE OR INABILITY TO USE THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OF THE SERVICE; OR (D) ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE SERVICE.

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) ONE HUNDRED DOLLARS ($100.00).

11. Indemnification

You agree to indemnify, defend, and hold harmless MySummitKeep LLC and its officers, directors, employees, agents, and successors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of any third party; or (d) Customer Data.

12. Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms or for any other reason with 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.

13. Dispute Resolution

13.1 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.

13.2 Binding Arbitration

If informal resolution fails, 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 in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Hillsborough County, Florida. The arbitrator’s award shall be final and binding.

13.3 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.

14. General Provisions

• Governing Law. These Terms are governed by the laws of the State of Florida, without regard to its conflict of laws principles.
• Entire Agreement. These Terms, together with the Privacy Policy, Acceptable Use Policy, Cookie Policy, Children’s Privacy Policy, and any applicable Order Forms or BAA, constitute the entire agreement between you and us.
• Severability. If any provision of these Terms is held unenforceable, the remaining provisions shall remain in effect.
• Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
• Force Majeure. We shall not be liable for any failure to perform due to causes beyond our reasonable control.

15. Contact Information

If you have questions about these Terms, please contact us at:

MySummitKeep LLC
Email: support@mysummitkeep.com
Website: www.mysummitkeep.com