These Terms of Service ("Terms") govern your access to and use of the CrisisCheck platform, including our web application, mobile interfaces, and related services (collectively, the "Service"). By creating an account or using the Service, you agree to be bound by these Terms on behalf of yourself and, where applicable, the school, school district, or organization you represent ("Subscriber").
If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
Institutional Subscribers: If your organization has entered into a Subscription Agreement with CrisisCheck, that agreement (including its incorporated Data Processing Agreement) governs your use of the Service and supersedes these Terms to the extent of any conflict. These Terms apply to all other users and to any matters not addressed by a Subscription Agreement.
Your use of the Service is also subject to our Privacy Policy, which is incorporated into these Terms by reference.
1. Description of Service
CrisisCheck provides software for K–12 schools and districts to manage emergency drills, track personnel accountability, generate compliance documentation, and coordinate emergency communications including guardian notifications. Features vary by subscription tier.
2. Accounts and Access
Subscriber organizations are responsible for all activity that occurs under their account. Administrators designated by the Subscriber may create and manage staff accounts within the platform. You are responsible for maintaining the confidentiality of account credentials and for promptly notifying us of any unauthorized use.
CrisisCheck does not provide accounts directly to students. Student records are imported and managed by the Subscriber institution as part of their personnel and roster management obligations.
3. Subscriptions and Billing
CrisisCheck offers paid subscription plans on an annual or monthly basis. Subscriptions are billed in advance. By providing payment information, you authorize us to charge the applicable fees through our payment processor (Stripe, Inc.). All fees are non-refundable except as expressly stated in our refund policy or required by applicable law.
We reserve the right to modify pricing with at least 30 days' written notice prior to your next renewal date. Continued use of the Service after a price change constitutes your acceptance of the new pricing.
Downgrades, upgrades, and cancellations take effect at the end of the current billing period unless otherwise specified. We do not provide prorated refunds for unused periods except at our sole discretion.
4. Acceptable Use
You agree to use the Service only for its intended purpose of emergency preparedness, accountability operations, and school emergency management. You may not:
- Use the Service to send communications unrelated to legitimate emergency or drill events;
- Introduce malicious code, conduct unauthorized access, or attempt to reverse-engineer any portion of the Service;
- Misrepresent emergency events within the system in ways that could mislead parents, staff, or emergency responders;
- Use the guardian SMS notification feature for marketing, promotional, or non-emergency communications;
- Resell or sublicense access to the Service without our written consent;
- Use the Service for competitive intelligence, competitive benchmarking, or to develop, inform, or support a competing product or service;
- Access the Service if you are an employee, contractor, or agent of a company whose primary business is substantially similar to the Service, unless you have obtained prior written consent from CrisisCheck.
5. Emergency Communications
The Service includes features that send automated SMS messages to guardians during declared emergency events. These communications are provided as a convenience tool and do not replace official emergency management systems, 911 services, or district-mandated communication protocols.
The Subscriber is solely responsible for ensuring that guardian phone numbers are accurate, current, and collected with appropriate consent under applicable law. CrisisCheck is not responsible for failed, delayed, or misdirected messages resulting from incorrect contact information, carrier outages, or events outside our reasonable control.
Important: CrisisCheck is an emergency accountability platform. It does not replace emergency dispatch services. In any life-safety emergency, contact 911 first.
6. FERPA and Student Data
To the extent the Service processes student education records, CrisisCheck acts as a "school official" with a legitimate educational interest under the Family Educational Rights and Privacy Act ("FERPA"), 20 U.S.C. § 1232g. CrisisCheck will use student data only to provide the Service to the Subscriber institution and will not disclose student education records to third parties except as required to operate the Service or as directed by the Subscriber.
The Subscriber institution retains ownership of all student education records and is responsible for complying with FERPA obligations, including providing appropriate notices to parents and eligible students.
CrisisCheck's status as a "school official" applies only where the Subscriber institution has designated CrisisCheck as such under its own annual FERPA notification and internal policies, and only within the scope of that designation.
7. Data and Content Ownership
You retain ownership of all data you import into or generate through the Service, including personnel records, drill logs, compliance documentation, and guardian contact information. You grant CrisisCheck a limited license to process this data for the sole purpose of providing the Service.
CrisisCheck may use aggregated, de-identified data derived from use of the Service for product improvement and benchmarking purposes. No individually identifiable student, staff, or guardian information will be used for this purpose.
8. Intellectual Property
The CrisisCheck platform, including its software, user interface, features, and documentation, is the intellectual property of CrisisCheck and is protected by applicable copyright, trademark, and other laws. Nothing in these Terms transfers ownership of our intellectual property to you.
9. Uptime and Availability
We strive to maintain high availability of the Service. However, we do not guarantee uninterrupted access. Scheduled maintenance, third-party infrastructure outages, or events beyond our control may result in temporary unavailability. CrisisCheck is not liable for any loss or damage arising from Service interruptions.
Uptime SLA commitments, where applicable, are specified in your subscription plan and are the exclusive remedy for Service unavailability.
9a. Warranties Disclaimer
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRISISCHECK EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CRISISCHECK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.
10. Limitation of Liability
To the maximum extent permitted by law, CrisisCheck and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, revenue, or goodwill, arising out of or in connection with your use of or inability to use the Service.
Our total aggregate liability for any claim arising out of or relating to these Terms or the Service shall not exceed the total fees paid by you to CrisisCheck in the twelve (12) months preceding the event giving rise to the claim, or USD $1,000, whichever is greater.
Subscribers operating under a Subscription Agreement are subject to the liability provisions set forth in that agreement, which may differ from the above. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any liability that cannot be excluded by law.
11. Indemnification
You agree to indemnify and hold harmless CrisisCheck and its affiliates from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of your use of the Service, your violation of these Terms, or your violation of any applicable law or the rights of a third party.
12. Termination
Either party may terminate the subscription at any time. Upon termination, your access to the Service will cease at the end of the current paid period. Following termination, we will retain your data for 30 days to allow for export, after which it will be permanently deleted unless otherwise required by law.
We reserve the right to suspend or terminate your account immediately for violation of these Terms, non-payment, or conduct we determine to be harmful to the Service or other users.
12a. Force Majeure
Neither party shall be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, governmental action, pandemic, power outages, or failures of third-party infrastructure providers. The affected party shall provide prompt notice and use reasonable efforts to resume performance as soon as practicable.
13. Modifications to Terms
We may update these Terms from time to time. Material changes will be communicated via email or in-app notice at least 14 days before taking effect. Your continued use of the Service after the effective date of any change constitutes acceptance of the updated Terms.
14. Governing Law and Disputes
These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles. Any dispute arising under these Terms shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.
15. Contact
Questions about these Terms may be directed to: legal@crisischeck.app