Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Small Group Builder, LLC, an Idaho limited liability company with its principal place of business in Eagle, Idaho ("Company," "we," "us," or "our"), governing your access to and use of the Small Group Builder platform, website, and all related services (collectively, the "Services").

BY ACCESSING OR USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICES AND MUST IMMEDIATELY DISCONTINUE ALL USE THEREOF.

If you are using the Services on behalf of a church, organization, or other entity, you represent and warrant that you have the authority to bind such entity to these Terms, and the terms "you" and "your" shall refer to such entity.

2. Description of Services

The Company provides a cloud-based software platform designed to facilitate the formation and management of small groups for churches and organizations, including but not limited to:

• Member registration and onboarding;
• AI-powered group matching and formation;
• Interest and availability preference collection;
• Group leader assignment and management;
• Community communications and announcements;
• Event scheduling and RSVP management;
• Reporting and analytics; and
• Such other features as may be offered from time to time.

The Company reserves the right to modify, suspend, or discontinue any aspect of the Services at any time without prior notice or liability.

3. Account Registration and Security

To access certain features of the Services, you must register for an account. In connection with registration and ongoing use of the Services, you agree to:

• Provide accurate, current, and complete registration information;
• Maintain and promptly update your registration information to keep it accurate, current, and complete;
• Maintain the security and confidentiality of your login credentials;
• Accept sole responsibility for all activities that occur under your account;
• Immediately notify the Company of any unauthorized access to or use of your account; and
• Not share your account credentials with any third party.

You must be at least eighteen (18) years of age to create an account. The Company reserves the right to suspend or terminate any account at any time for any reason, including suspected fraudulent, abusive, or illegal activity.

4. Church Administrator Representations and Warranties

If you access or use the Services as an administrator, ministry leader, or staff member of a church or similar organization, you represent, warrant, and covenant that:

• You have all necessary authority to act on behalf of the organization and to bind the organization to these Terms;
• Your use of the Services complies with the organization's policies and guidelines;
• Your use of the Services complies with all applicable federal, state, and local laws and regulations;
• You are solely responsible for the accuracy, legality, and appropriateness of all data and content you enter into the Services;
• You will implement and maintain appropriate access controls to protect member data; and
• You will not use the Services in any manner that would violate the rights of any member or third party.

5. Prohibited Conduct

You agree that you will not, and will not permit any third party to:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation;
• Infringe upon or violate any intellectual property rights, privacy rights, or other rights of any third party;
• Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
• Attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services;
• Interfere with or disrupt the integrity or performance of the Services or any data contained therein;
• Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or harmful materials;
• Collect or harvest any information from the Services without authorization;
• Impersonate any person or entity or misrepresent your affiliation with any person or entity;
• Use the Services for any fraudulent or deceptive purpose;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services; or
• Circumvent, disable, or otherwise interfere with security-related features of the Services.

6. No Fees

The Services are provided to churches free of charge. There are no subscription fees, trials, or payment obligations for use of the Services. Any payments processed through the Services (such as member giving or church-collected contributions) are between the church and its members, and the Company charges no fee for facilitating them.

7. Intellectual Property Rights

The Services, including all content, features, functionality, software, code, user interface, graphics, design, compilation, and all intellectual property rights therein, are owned by the Company or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes. You shall not:

• Copy, modify, adapt, or create derivative works of the Services or any content therein;
• Distribute, license, sell, resell, lease, or otherwise transfer the Services or any rights thereto;
• Remove, alter, or obscure any proprietary notices on the Services; or
• Use the Company's trademarks, service marks, or logos without prior written consent.

You retain all ownership rights in the content you submit to the Services. By submitting content, you grant the Company a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publish, and display such content solely as necessary to provide the Services.

8. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

10. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to:

• Your access to or use of the Services;
• Your breach of these Terms or any representation, warranty, or covenant contained herein;
• Your violation of any applicable law, regulation, or third-party right;
• Any content you submit, post, or transmit through the Services;
• Any dispute between you and any other user of the Services; and
• Any claim by a member of your organization or any other third party arising from your use of the Services.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with the Company's defense of such claims.

11. Termination

The Company may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Without limiting the foregoing, the Company may terminate your access immediately if you breach any provision of these Terms.

Upon termination:

• All rights and licenses granted to you under these Terms shall immediately cease;
• You must immediately discontinue all use of the Services;
• The Company may delete your account and all associated data without liability; and
• All provisions of these Terms that by their nature should survive termination shall survive, including Sections 7-14.

You may terminate your account at any time by contacting the Company or using the account settings within the Services. No refunds will be provided for any prepaid fees.

12. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Ada County, Idaho. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE ACTION.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

13. Governing Law and Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict of laws principles. Subject to the arbitration provisions in Section 12, any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Ada County, Idaho, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

14. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and any other agreements incorporated by reference, constitute the entire agreement between you and the Company regarding the Services and supersede all prior or contemporaneous agreements, representations, and understandings.

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms or your rights hereunder without the prior written consent of the Company. The Company may assign these Terms without restriction.

Force Majeure: The Company shall not be liable for any failure or delay in performing its obligations hereunder due to causes beyond its reasonable control.

Notices: All notices to the Company shall be sent to the address set forth below. Notices to you may be sent to the email address associated with your account.

15. Modifications to Terms

The Company reserves the right to modify these Terms at any time in its sole discretion. Material changes will be posted on this page with an updated effective date. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically. If you do not agree to the modified Terms, you must discontinue use of the Services.

16. Contact Information

If you have any questions regarding these Terms of Service, please contact us at: