Terms of Service

Nelnet Business Solutions, Inc. | 121 S. 13th Street, Suite 301 | Lincoln, NE 68508

Last Modified December 3rd, 2019

1.  Definitions.

1.1. COMPANY refers to Nelnet Inc., and its affiliates including those operating under the FACTS, Catholic Faith Technology, CD2 Learning, and Aware3 brands.
1.2. CUSTOMER or YOU refers to you, your organization, or your business.
1.3. SERVICES refers to any and all services provided by the Company.
1.4. The PLATFORM refers to all products provided and powered by the Company including but not limited to mobile apps, online giving, texting, and forms and registrations.
1.5. TERM is the period during which the Agreement is in effect. The term is set forth in the Agreement and is independent of payment frequency.
1.7. TERMS OF SERVICE refers to the terms set forth in this document. The continued use of the Services constitutes your agreement to these Terms of Service and any future modifications.
1.8. AGREEMENT refers to the executed Service Agreement, which includes by reference these Terms of Service.
1.9. CONTENT refers to any Customer-generated or Customer-provided copy, graphics, or information distributed through the Platform.
1.9. DATA within the context of usage refers to any statistics associated with the Platform, including, but not limited to: download counts, session information, push notification statistics, and overall user demographic information.
1.10. END USER refers to any person interacting with the Platform in any fashion.
1.11 LICENSING FEE refers to the recurring fee paid by the Customer for products and services provided via the Platform as defined in the Agreement.

2. Service Updates.

2.1. Periodically, updates may be released to the Platform. At its sole discretion, the Company may choose to upgrade your Services independently of the original Site and Services as of the date of the Agreement. The Company does not guarantee any updates beyond those deemed by the Company to be required for promised functionality.

3. Ownership.

3.1. The Platform and Services are owned by the Company. The Agreement grants no intellectual property rights to the Customer in any way. Any changes or enhancements to the Platform or Services which result from development done at the request of the Customer are owned by the Company. The Content is owned by the Customer, who is responsible for its validity and legality as described in section 4 below.

4. Content.

4.1. Any Content provided by you through the Platform or Services, including Content provided by End Users of the Site and Services, is your sole responsibility to monitor. YOU AGREE THAT IF CONTENT PROVIDED BY YOU OR YOUR THIRD-PARTY USERS VIOLATES ANY STATE OR NATIONAL LAWS, IS OBSCENE IN NATURE, OR VIOLATES ANY AGREEMENT OF AN OPERATING SYSTEM MANUFACTURER OR NETWORK OPERATOR INVOLVED IN PROVIDING THE SERVICES, THE COMPANY MAY SUSPEND OR TERMINATE YOUR ACCOUNT IMMEDIATELY AND WITHOUT WARNING. Further, you agree not to violate any copyright or ownership rights in any Content you provide to the Site or Services and guarantee that you have sufficient rights to claim and display said Content.
4.2. The Company reserves the right to refuse to embed external or 3rd-party sites or services.

5. Data & Security.

5.1. The Company will use reasonable efforts to ensure the security of your information, including location and contact information, login credentials, and any content you provide. The Customer agrees to not hold the Company liable for the loss, corruption, or theft of said information.
5.2. Customer will interact with and access information from the Site and Services through password-protected websites. Customer agrees not to disclose user IDs and passwords to unauthorized personnel and will notify the Company immediately if an unauthorized person obtains access to them.

6. Service Levels.

6.1. The Company will use commercially reasonable efforts to ensure that the Platform and Services are available twenty-four hours a day, seven days a week. Maintenance, upgrades, telecommunication failures, and emergency repairs may occasionally inhibit the availability of the Platform and Services. YOU AGREE THAT THE COMPANY WILL NOT BE LIABLE IN ANY EVENT TO YOU OR ANY OTHER PARTY FOR ANY SUSPENSION, MODIFICATION, DISCONTINUANCE OR LACK OF AVAILABILITY OF THE SITE, THE SERVICES, YOUR USER CONTENT, OR OTHER CONTENT. In order to provide consistent Services, the Company retains the right to create limits on use, storage, bandwidth, or consumption in general in its sole discretion at any time with or without notice.
6.2. Certain components of the Platform and Services rely on the Customer establishing and maintaining relationships with third parties (including but not limited to Apple, Inc. and Google, Inc.). The Company is not responsible for the maintenance of these relationships, nor any disruption in the Services due to third-party issues.

7. Data Ownership.

7.1. Any Data associated with the usage of the Platform and Services is the property of the Company to use as it sees fit. Usage data and supporting facts may be publicly disclosed by the Company and may or may not be directly associated with the public-facing title of your Company or Service. Additionally, the Company reserves the right to use any public-facing Customer-contributed Content (i.e., screenshots) as it sees fit, including but not limited to redistribution through other Services.
7.2. Customer acknowledges that Company does not retain information in perpetuity. Company may occasionally purge old and outdated information from its systems, especially sensitive information, according to its then-current policies and in compliance with industry best practices. This is necessary to reduce risk, improve system performance, and comply with audit requirements. Purging shall occur only after the commercially reasonable and generally accepted business need for such information has passed. Purging shall not interfere with Customer’s normal business operations and data access.

8. Privacy.

8.1. Please refer to the Nelnet Inc. privacy policy, which can be found here.

9. Support.

9.1. The Company will provide a method of contacting customer support. This method may be limited to any combination of email, phone, and instant messaging services. The Company will provide an initial response to an inquiry made through an approved support channel within forty-eight hours excluding weekends and company holidays.

10. Billing.

10.1. Fee may increase or decrease during any term period, unless otherwise agreed to by both parties.
10.3. Customer’s failure to pay any fees in a timely fashion may result in immediate suspension or termination of the Agreement by the Company. 

11. Transfer of Agreement.

 11.1. The Agreement may not be transferred from the Customer to any other party without the consent of the Company. The Company may transfer the Agreement in part or whole as it sees fit.

12. Notices.

12.1. In the event that these Terms of Service are updated, a dated notification will be posted on the Company Site. YOUR CONTINUED USE OF THE PLATFORM AND THE SERVICES IS A BINDING AGREEMENT TO THESE TERMS OF SERVICE AND THE AGREEMENT. You are responsible for regularly reviewing the most current version of these Terms of Service, which are currently available at: [insert universal terms URL]

13. Regulations.

13.1. Children’s Online Privacy Protection Act. The Platform and the Services are not designed for use by children under the age of 13 without constant adult supervision from a parent or legal guardian. Please see the Company’s privacy policy for more information.
13.2. The Telephone Consumer Protection Act. The Customer is solely responsible for complying with the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227, as subsequently amended (“TCPA”). The Customer understands and agrees that the Company has no liability for any claim against the Customer arising from the TCPA. The Customer releases and discharges the Company from all liabilities arising from any claims alleging a violation of the TCPA.

14. Restrictions.

14.1. Any activity deemed illegal or inappropriate may result in the immediate suspension or termination of your access to the Platform and the Services. Under no circumstances may the Customer use the Platform or Services to (a) send unsolicited e-mails or texts, bulk mail, spam or other materials to users of the Platform, the Services, or any other individual, or (b) post any false, inaccurate or incomplete material or delete or revise any material that was not posted by the Customer or others you have authorized to post Content under your account.

15. Indemnity.

15.1. The Customer will indemnify and hold the Company, its directors, officers, and employees harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your access to the Platform, use of the Services, your violation of the Agreement, or the infringement by the Customer, or any third party using the Customer’s account, of any intellectual property or other right of any person or entity.

16. Limitation of Liability.

16.1. IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES OR MEMBERS BE LIABLE WITH RESPECT TO THE PLATFORM OR THE SERVICES FOR (A) ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, USER CONTENT OR OTHER INTANGIBLES; (C) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS, OR OMMISSIONS; OR (D) DAMAGES RELATED TO DOWNLOADING OR POSTING CONTENT. THE COMPANY’S AND THE PLATFORM’S COLLECTIVE LIABILITY UNDER THE AGREEMENT SHALL BE LIMITED TO ONE (1) MONTHLY SERVICE CHARGE, ESTABLISHED IN THE FIRST MONTH OF THE CLIENT’S USE OF THE SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO THE CUSTOMER.

17. Platform and Service Termination.

17.1. Either party may terminate the Services at any time by notifying the other party by any means. The Company may also terminate or suspend any Services, including access to the Platform, immediately if any terms in the Agreement are breached. In this event, Customer’s right to use the Services, access the Platform, and any access to any content uploaded to the Service will cease. The termination will be immediate, upon which the Customer’s right to use the Services, access the Platform and any content uploaded to the Service will cease. In either case, if any payment past the current-term fees have been paid, said payment will be reimbursed to the Customer, unless otherwise documented.
17.2. If the Customer terminates the Agreement prior to the Term expiration, the Company shall charge any remaining fees for the Term within two calendar weeks of the date of termination.

17.3. Upon Customer request, in the event of Service termination, the Company shall make reasonable efforts to transfer the Customer’s mobile app to an external developer.  The Customer agrees to not hold the Company liable in the event that said transfer is not possible with reasonable effort or without sharing proprietary Company data, logic or configuration. The Company retains the right to charge the Customer a one-time fee for the transfer.

18. Choice of Law.

18.1. The Agreement is to be interpreted under the Laws of the State of Nebraska and all actions or claims arising from the Agreement are subject only to the jurisdiction of the Lancaster County Court in Lincoln, Nebraska, or the United States District Court for the District of Nebraska.

19. Online Giving Terms (applicable only if Customer is purchasing the Nelnet giving product)

19.1. The Customer is required to maintain an active and good standing relationship with PaymentSpring as their payment gateway for online giving channels.19.2. Guaranteed Giving Increase

19.2.1. If included in the Customer’s Agreement, the Customer is guaranteed a 5% increase in their online giving as compared to the same period of the prior year.
19.2.2. The Customer is required to provide a statement from their current online giving provider detailing the online giving total for the prior year for comparison purposes. Offline giving (e.g. cash, check, etc.) shall not be included in the analysis for the guaranteed giving increase.
19.2.3. If the Customer does not experience a 5% increase, the Company shall refund the Licensing Fee for the respective period. This does not include applicable transaction processing fees.
19.2.4. Eligibility requires the Customer to meet the Minimum App Promotion Guidelines defined at: https://aware3.zendesk.com/hc/en-us/articles/204467144-Promoting-Your-Mobile-App

20. Pricing

20.1. The Customer agrees to pay all one-time and recurring fees for the provided Platform and Services as defined in the Agreement.

22. Term Period.

22.1. Upon Term expiration, the Agreement shall be automatically renewed with the same interval.

23. Scope.

23.1. The Company reserves the right to change the scope of services at any time.

24. Key Assumptions.

24.1. For customers purchasing the mobile app product, the Customer shall be responsible for acquiring and maintaining the required Apple and/or Google developer accounts as defined by the Company. The Customer shall be responsible for all associated fees.
24.2. The Customer shall provide all branding and graphics assets as defined by the Company.