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Terms of Service

1. Introduction and Acceptance of Terms

This Terms of Service agreement (the "Agreement") is between BusFX, LLC ("BusFX," "we," "us," or "our"), a Wisconsin limited liability company with its principal place of business at 3339 Fehr Rd, Eau Claire, WI 54701, and the entity or organization subscribing to the Service ("Subscriber," "you," or "your"). This Agreement governs your use of the MISCHIEF software as a service ("SaaS") platform (the "Service"), accessible at www.gomischief.com, and any related services provided by BusFX.

By accessing or using the Service, you agree to be bound by this Agreement. If you do not agree to this Agreement, you may not use the Service.

2. Definitions

  • "Authorized User" means an individual authorized by the Subscriber to use the Service.
  • "Content" means any data, information, or material submitted, uploaded, or otherwise made available by you or your Authorized Users through the Service.
  • "Education Records" means records directly related to a student and maintained by an educational agency or institution or by a party acting for the agency or institution, as defined by FERPA.
  • "FERPA" means the Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and its implementing regulations.
  • "FOIA" means the Freedom of Information Act, 5 U.S.C. § 552, and applicable state public records laws, including the Wisconsin Public Records Law (Wis. Stat. §§ 19.31-19.39).
  • "MISCHIEF" means the Misconduct Information System Categorizing Human Indiscretion through Enforcement and Follow-up, a SaaS platform provided by BusFX, protected by copyright and intellectual property laws.
  • "Service" means the MISCHIEF SaaS platform and any related services provided by BusFX.
  • "Subscriber" means the entity or organization that enters into this Agreement and subscribes to the Service.

3. Subscription and Payment

The Service is provided on a subscription basis. Subscriber agrees to pay the subscription fees as specified in the pricing plan selected by Subscriber. Subscription fees are billed in advance on a monthly or annual basis, as applicable, and are non-refundable.

Subscriber must provide accurate and complete billing information and keep it up to date. Failure to pay subscription fees may result in suspension or termination of access to the Service for Subscriber and its Authorized Users.

BusFX reserves the right to change the subscription fees or introduce new fees upon notice to Subscriber. Continued use of the Service after such changes constitutes Subscriber's acceptance of the new fees.

4. User Accounts and Security

Subscriber is responsible for creating accounts for its Authorized Users and for managing their access to the Service. Each Authorized User must have their own account credentials.

Subscriber and its Authorized Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their accounts.

Subscriber agrees to notify BusFX immediately of any unauthorized use of any account or any other breach of security.

5. Use of the Services

Subscriber and its Authorized Users agree to use the Service only for its intended purpose, which is to report and manage misbehaviors and misconduct on school buses. The Service may not be used for any unlawful or prohibited purpose.

Prohibited activities include, but are not limited to:

  • Attempting to gain unauthorized access to the Service or its related systems.
  • Interfering with or disrupting the Service or servers.
  • Using the Service to transmit any harmful or malicious code.
  • Violating any applicable laws or regulations, including FERPA and FOIA.

6. Data Privacy and FERPA Compliance

BusFX is committed to protecting the privacy of Subscriber's data and complying with FERPA.

a. Education Records: The Service may involve the processing of Education Records. BusFX will handle such records in accordance with FERPA and only for the purposes of providing the Service as directed by Subscriber.

b. School Official: BusFX acts as a "school official" with a legitimate educational interest under FERPA when providing the Service to Subscriber. As such, BusFX may access and use Education Records as necessary to perform its functions under this Agreement.

c. Data Use and Disclosure: BusFX will not use Education Records for any purpose other than providing the Service to Subscriber. BusFX will not disclose Education Records to third parties except as permitted by FERPA, such as with Subscriber's consent or to subcontractors who are also bound by FERPA compliance obligations and have agreed to protect the confidentiality of the Education Records.

d. Data Security: BusFX implements appropriate technical and organizational measures to protect Education Records from unauthorized access, disclosure, alteration, or destruction. These measures include, but are not limited to, encryption, access controls, and regular security audits.

e. Access and Correction: Parents, guardians, or eligible students may request access to or correction of Education Records through Subscriber. BusFX will cooperate with Subscriber to facilitate such requests in accordance with FERPA.

f. Data Retention and Deletion: BusFX will retain Education Records only as long as necessary to provide the Service or as required by law. Upon termination of this Agreement or at Subscriber's request, BusFX will delete or return Education Records as directed by Subscriber, unless retention is required by law.

g. Subcontractors: If BusFX engages subcontractors to assist in providing the Service, BusFX will ensure that such subcontractors are bound by terms no less protective than those in this Agreement regarding the handling of Education Records.

h. Training and Compliance: BusFX will train its personnel on FERPA compliance and maintain policies to ensure adherence to FERPA requirements for protecting Education Records.

7. Public Records and FOIA Compliance

BusFX acknowledges that Subscriber may be subject to FOIA and state public records laws, such as the Wisconsin Public Records Law. BusFX will cooperate with Subscriber to respond to public records requests related to data stored in the Service, to the extent required by law and in accordance with FERPA, ensuring that any disclosure complies with applicable privacy laws.

8. Intellectual Property

a. Ownership: BusFX owns all right, title, and interest in and to the Service, including all intellectual property rights. The Service, including the MISCHIEF software, is protected by copyright, trademark, and other intellectual property laws. Subscriber retains all right, title, and interest in and to its Content, including any Education Records. BusFX does not claim any ownership rights over Subscriber's Content.

b. License to Use Content: By submitting Content through the Service, Subscriber grants BusFX a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute the Content solely for the purpose of providing the Service to Subscriber.

9. Termination

a. By Subscriber: Subscriber may terminate its subscription at any time by providing written notice to BusFX. Upon termination, Subscriber will lose access to the Service at the end of the current billing period, and no refunds will be provided for any unused portion of the subscription term.

b. By BusFX: BusFX may suspend or terminate Subscriber's access to the Service if Subscriber breaches this Agreement or for any other reason at BusFX's discretion. BusFX will provide notice of termination where feasible.

c. Effect of Termination: Upon termination, BusFX will handle Subscriber's data in accordance with Section 6(f). Sections 8, 10, 11, 12, and 14 shall survive termination.

10. Disclaimers and Limitation of Liability

a. Disclaimers: The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. BusFX does not warrant that the Service will be uninterrupted, error-free, or secure.

b. Limitation of Liability: To the maximum extent permitted by law, BusFX shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; or (iv) unauthorized access, use, or alteration of your transmissions or content.

11. Indemnification

Subscriber agrees to indemnify, defend, and hold harmless BusFX, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with (i) Subscriber's access to or use of the Service; (ii) Subscriber's violation of this Agreement; or (iii) Subscriber's violation of any third-party right, including any intellectual property right or privacy right.

12. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law principles. Any disputes arising under or in connection with this Agreement shall be resolved through binding arbitration in Eau Claire, Wisconsin, in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted by a single arbitrator, and the decision of the arbitrator shall be final and binding.

13. Changes to the Terms

BusFX may modify this Agreement from time to time. We will notify Subscriber of any material changes by posting the updated Agreement on the Service or by other means. Subscriber's continued use of the Service after such changes constitutes acceptance of the new terms.

14. Miscellaneous

a. Entire Agreement: This Agreement constitutes the entire agreement between Subscriber and BusFX regarding the Service and supersedes all prior agreements and understandings, whether written or oral.

b. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

c. Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

d. Assignment: Subscriber may not assign this Agreement without BusFX's prior written consent. BusFX may assign this Agreement without consent to any affiliate or in connection with a merger, acquisition, or sale of assets.

e. Notices: All notices under this Agreement shall be in writing and sent to the addresses specified above or to such other address as may be designated by a party. Notices may be delivered by email, certified mail, or overnight courier.

f. Force Majeure: Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, war, terrorism, civil disturbance, labor disputes, or governmental actions.

15. Service Level Agreement

BusFX will provide the Service in accordance with the Service Level Agreement (SLA) available at [insert link] or as otherwise agreed upon in writing. The SLA sets forth BusFX's commitments regarding uptime, support, and maintenance of the Service.

16. Confidentiality

Both parties agree to keep confidential any non-public information disclosed by the other party in connection with this Agreement. This obligation does not apply to information that is publicly known, already known to the receiving party, or required to be disclosed by law.

17. Updates and Modifications

BusFX may update or modify the Service from time to time to improve functionality, security, or compliance. BusFX will make reasonable efforts to notify Subscriber of significant changes that may affect the use of the Service.

18. Feedback

If Subscriber provides any feedback, suggestions, or ideas regarding the Service, BusFX may use such feedback without any obligation to Subscriber.

19. Compliance with Laws

Both parties agree to comply with all applicable federal, state, and local laws and regulations in connection with this Agreement, including but not limited to data protection and privacy laws.

20. Export Controls

Subscriber agrees not to export, re-export, or transfer, directly or indirectly, any data or information provided by BusFX or the Service in violation of U.S. export laws or regulations.

21. Relationship of the Parties

This Agreement does not create a partnership, joint venture, agency, or employment relationship between the parties. Neither party has the authority to bind the other in any way.