Terms of Service

1. Introduction

These Terms form a binding agreement between you and the Service provider named in Section 2. By creating an account, ticking an “I agree to the Terms of Service and Privacy Policy” box during signup, or by otherwise using the Service, you accept these Terms and our Privacy Policy.

2. Who we are (the Service provider)

The Service is provided by:

TGS Enterprise
San Diego, California, United States of America
Email: support@rosteraid.com

In these Terms, “we”, “us”, and “our” refer to the Service provider above. “You” refers to the person who creates an account or otherwise uses the Service.

3. Acceptance of these Terms

By creating an account, ticking the “I agree to the Terms of Service and Privacy Policy” box during signup, or by using the Service in any way, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not create an account and do not use the Service.

If you accept these Terms on behalf of an organization, you confirm you have authority to bind that organization, and “you” then refers to that organization.

4. Eligibility

You must be at least 18 years old and able to enter into a binding contract under the law of your country of residence to create a paid account.

If you use the Service to enter information about any other person (your clients — whether adults or minors), you warrant that you have a lawful basis under applicable law to do so. See the Privacy Policy, Section 14 (Joint controllership with coaches).

If any of those clients are minors (under the age of majority in your country), you additionally warrant that you have obtained the parental or legal-guardian consent required by your local law before entering the minor's data. See the Privacy Policy, Section 13 (Children's data).

5. Description of the Service

RosterAid is a roster, scheduling, attendance, and payment management tool for coaches, teachers, trainers, and instructors. Core features include client management, recurring sessions and events, attendance tracking, calendar views, and payment record-keeping. We continue to add features over time; we may also retire features that are no longer used or that we cannot maintain.

We do not provide regulated financial, legal, medical, or educational advice through the Service. The Service is a record-keeping tool.

6. Your account

6.1 Creating an account

You can create an account using your email and a password, or by signing in with Google or Apple. You are responsible for keeping your credentials confidential and for any activity under your account.

6.2 Account security

Tell us promptly at support@rosteraid.com if you suspect your account has been compromised. We may suspend an account immediately to protect users while we investigate.

6.3 Suspension and termination by us

We may suspend or terminate your account if:

• you breach these Terms;
• your use harms the Service or other users;
• you do not pay amounts you owe; or
• we are required to do so by law.

Where we can, we will give you reasonable notice and an opportunity to cure. If we terminate without notice, we will tell you why as soon as we are legally permitted to.

6.4 Termination by you

You can stop using the Service at any time and delete your account from inside the app (Settings → Account → Delete account). On deletion, your account data is erased from our production systems within 30 days, as described in the Privacy Policy. Some records (such as paid invoices) are retained where the law requires.

7. Your content and the license you grant us

7.1 You keep ownership

You retain all rights to the content you create or upload (rosters, schedules, attendance records, notes, payments, and so on — “Your Content”).

7.2 License to operate the Service

To operate the Service, you grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, and process Your Content solely for the purposes of providing the Service to you and the users you have authorized. This license ends when Your Content is deleted from our production systems (subject to the retention rules in the Privacy Policy).

7.3 We do not sell Your Content

We do not sell Your Content. We do not use Your Content to train third-party machine-learning models. We do not share it for advertising.

7.4 You are responsible for Your Content

You warrant that Your Content does not violate any law and does not infringe anyone else's rights, and that you have all necessary consents (especially for minors) to enter the data.

7.5 Joint controllership for client data (GDPR Article 26)

If GDPR applies to you (you are based in the EU, EEA, UK, or Switzerland, or you are processing the data of people based there), you and RosterAid are joint controllers for the personal data of any clients you enter into the Service, within the meaning of GDPR Article 26. This applies whether the client is an adult or a minor; additional rules for minors are in Privacy Policy, Section 13.

The “essence” of the joint-controller arrangement is set out in our Privacy Policy, Section 14 (and, for the minor-specific additions, Section 13.2). In short:

• You decide what data is entered and why (the purposes of processing).
• We decide how the data is technically stored, secured, retained, and which sub-processors handle it (the means of processing).
• Either of us may receive and act on a data-subject rights request, and we will coordinate where the request crosses our respective responsibilities.
• Data subjects (the people whose data is in the roster, or their parents/guardians) may contact either party for any GDPR matter.

By accepting these Terms, you accept this joint-controller arrangement. If you do not accept it, do not enter any other person's personal data into the Service.

8. Acceptable use

You agree not to:

• use the Service to break the law;
• upload data about another person without a lawful basis;
• attempt to gain unauthorized access to the Service, other accounts, or our infrastructure;
• reverse engineer, scrape, or use automated means to extract data, except for your own data via supported export mechanisms;
• interfere with or disrupt the Service, including by overloading it;
• impersonate someone else or misrepresent your affiliation;
• upload viruses, malware, or other harmful code;
• resell or redistribute the Service without our written permission.

We may remove content or restrict use that violates this Section.

9. Subscriptions, billing, and your right of withdrawal

9.1 Free tier

You may use RosterAid on a free plan, limited to 10 contacts (clients you have added to the Service). Beyond that, a paid subscription is required.

9.2 Paid subscriptions

Paid subscriptions are billed in the currency and at the price shown on our Pricing page (rosteraid.com/pricing) at the time of purchase. Billing cadence (monthly or annual), the price, and the renewal date are presented to you before checkout.

9.3 Auto-renewal

Paid subscriptions renew automatically at the end of each billing cycle, at the then-current price, unless you cancel before the renewal date. We will send a reminder before any annual renewal.

9.4 Cancelling

You can cancel at any time from Settings → Plan & Billing. Cancellation takes effect at the end of your current billing cycle. You keep access to paid features until that date. We do not pro-rate refunds for partial cycles unless required by law.

9.5 EU / EEA / UK consumer right of withdrawal (14 days)

If you are a consumer resident in the EU, the EEA, or the UK, you have the right to withdraw from a paid subscription within 14 days of purchase, without giving a reason, under the Consumer Rights Directive (and the UK equivalent). To exercise this right:

• email support@rosteraid.com with a clear statement that you are withdrawing, or
• use the cancellation flow in Settings → Plan & Billing.

If you ask us to begin providing the Service during the 14-day period (which we do by default, because you bought it to use it) and you then withdraw, we may charge a proportionate amount for the use you have already had, in line with applicable law. We will refund the balance using the same payment method, within 14 days of receiving your withdrawal.

9.6 Taxes and price display

For EU / EEA / UK consumers, the prices shown on our Pricing page are presented inclusive of VAT at the rate applicable to your country, in compliance with Directive 98/6/EC on consumer price indication and its national transpositions. For business customers and non-EU users, prices are shown exclusive of taxes; applicable taxes are added at checkout.

9.7 Failed payments

If a payment fails, we may retry the charge, downgrade you to the free tier, or suspend paid features after notifying you. We will not delete Your Content solely because of a failed payment.

10. Modifications to these Terms

We may update these Terms when our Service, the law, or our sub-processors change.

• For material changes, we will give you at least 30 days' notice by email and/or in-app notice before they take effect. If you do not accept the changes, you may terminate your account before the effective date without penalty and request a pro-rata refund of any pre-paid, unused subscription fees.
• For non-material changes (typos, formatting, contact details), we will update the version number and effective date.

If you do not accept a material change, you may terminate your account before the effective date as set out above, at no cost, and request a pro-rata refund of any pre-paid, unused subscription fees. Continuing to use the Service after the effective date means you accept the new Terms.

11. Intellectual property

The Service — including the RosterAid name, the “RosterAid” registered word mark, the software, the design, and the marketing content — is owned by us or our licensors and is protected by intellectual-property laws. Nothing in these Terms transfers any of those rights to you. You may use the Service only as these Terms allow.

We welcome feedback. If you send us suggestions, you grant us a non-exclusive, royalty-free license to use them, without obligation to you.

12. Third-party services

The Service relies on third-party providers (for hosting, authentication, payments, and so on) — listed in the Privacy Policy, Section 7. We do not control their services and are not responsible for their conduct, except to the extent required by law and by our agreements with them.

If you sign in with Google or Apple, your use of those identity providers is also subject to their own terms.

13. Disclaimers and statutory rights

13.1 General disclaimer

To the maximum extent permitted by law, the Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that any data will be retained without loss.

13.2 Statutory rights are preserved (EU / UK / California)

Nothing in this Section, or anywhere else in these Terms, limits or excludes:

• liability for death or personal injury caused by our negligence;
• liability for fraud or fraudulent misrepresentation;
• liability for gross negligence or willful misconduct;
• the statutory consumer-protection warranties that apply to you (including, for EU consumers, the warranty of conformity under Directive (EU) 2019/770 on digital content and services); or
• any other liability that cannot be excluded or limited under applicable law.

If a clause in these Terms would conflict with a mandatory consumer-protection right you have, the mandatory right wins for that clause, and the rest of these Terms continues to apply.

14. Limitation of liability

Subject to Section 13.2, and to the maximum extent permitted by law:

• We are not liable for indirect, incidental, consequential, special, or punitive damages, or for lost profits, revenue, goodwill, or data, arising out of or relating to the Service. Nothing in this bullet limits our liability for loss of data caused by our breach of the security obligations described in the Privacy Policy (Section 15), where excluding such liability would conflict with Directive (EU) 2019/770 on digital content and services or its national transpositions.
• Our total aggregate liability for any claim arising out of or relating to these Terms or the Service is capped at the greater of (a) the amounts you paid us in the 12 months immediately preceding the event giving rise to the claim, or (b) USD 100.

These limits apply per user and in aggregate across all related claims.

15. Indemnification

You agree to indemnify and hold us harmless from and against third-party claims, damages, and reasonable costs (including reasonable lawyers' fees) arising from:

• Your Content;
• your breach of these Terms; or
• your violation of any law or third-party right (including the rights of data subjects whose information you entered into the Service).

This indemnity does not apply to claims arising from our own negligence, willful misconduct, or breach of these Terms; and it does not extend beyond what is permitted by your local consumer-protection law.

16. Modifications, suspension, and discontinuation of the Service

We may add, change, or remove features over time. We will not materially reduce the functionality of a paid plan during your active billing cycle without offering you (a) a substitute of equivalent value, or (b) a pro-rata refund.

We may suspend or discontinue the entire Service. If we do, we will give you reasonable advance notice (normally at least 30 days for paid users) and provide an export of Your Content.

17. Governing law and jurisdiction

17.1 Default rule — California law

These Terms are governed by the laws of the State of California, USA, without regard to its conflict-of-laws principles. Subject to Section 17.2, the courts of San Diego County, California, USA, have exclusive jurisdiction over any dispute arising out of or relating to these Terms.

17.2 Mandatory EU / UK / Swiss consumer carve-out

If you reside in the European Economic Area, the United Kingdom, or Switzerland, you retain the non-waivable right to bring proceedings in the courts of your country of residence, and to invoke the mandatory consumer-protection laws of your country of residence under Regulation (EC) No 593/2008 — “Rome I” (which governs applicable law for consumer contracts) and Regulation (EU) No 1215/2012 — “Brussels I-bis” (which governs jurisdiction). Nothing in Section 17.1 or Section 18 limits that right.

We may bring proceedings against you only in the courts of your country of residence, if you are an EU/EEA/UK/Swiss consumer.

18. Dispute resolution

18.1 Talk to us first

Before starting any formal proceeding, please email support@rosteraid.com with a clear description of your concern. We will do our best to resolve it within 30 days.

18.2 Mediation

If we cannot resolve a dispute informally, we encourage non-binding mediation, with the costs split equally. For EU / EEA / UK / Swiss consumers, mediation will be conducted remotely, or at a venue in your country of residence mutually agreed in writing. For all other users, mediation will be conducted in San Diego, California, USA, or remotely by mutual agreement.

18.3 Arbitration (for non-EU/UK/Swiss consumers)

Unresolved disputes that are not subject to Section 17.2 will be resolved by binding arbitration administered in San Diego, California, USA, by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Judgment on the award may be entered in any court of competent jurisdiction.

18.4 EU / UK / Swiss consumers

Section 18.3 does not apply to EU/EEA/UK/Swiss consumers. They may use:

• their national consumer-protection authority or the equivalent national alternative-dispute-resolution body (a directory of designated ADR bodies is maintained by each member state's consumer-protection authority); or
• the courts of their country of residence (see Section 17.2).

18.5 No class actions

Subject to applicable law, claims must be brought individually and not as a class. This Section 18.5 does not apply where it would conflict with a mandatory consumer right (including most EU/UK consumer rights).

19. Force majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, war, civil unrest, government action, internet or hosting-provider outages, labor disputes, or pandemics. We will use reasonable efforts to mitigate and to resume service promptly.

20. Miscellaneous

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service and supersede any prior agreement. This entire-agreement provision does not exclude or limit any mandatory pre-contractual information rights you have as a consumer (including those under the EU Consumer Rights Directive 2011/83/EU, Directive 93/13/EEC on unfair contract terms, and their national transpositions).
• Severability. If any provision is held unenforceable, the remainder of the Terms continues in force.
• No waiver. Failure to enforce a right is not a waiver of that right.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms to a successor in a merger, acquisition, or asset sale, subject to the user-notice obligations in Section 7 (business transfers) and Section 20 (changes to the Privacy Policy) of the Privacy Policy.
• Notices to you. We may send notices to the email associated with your account or by in-app notice.
• Notices to us. Send legal notices to support@rosteraid.com and, in parallel, to the postal address in Section 2.
• Headings. Headings are for convenience and have no legal effect.

21. Contact

• General questions: support@rosteraid.com
• Privacy questions: support@rosteraid.com
• Postal: TGS Enterprise — San Diego, California, USA