Terms of Service | Class Intercom

Class Intercom Terms of Service

Updated: December 2023

This School Terms of Service Agreement describes the terms and conditions of the services offered by Class Intercom, LLC. (“Class Intercom”, “we”, “us” or “our”) accepted by School (as defined below).

The entire agreement between the parties consists of (1) this School Agreement, (2) the Approved Quote, and (3) any separate written agreement signed by the parties (collectively, the “Agreement”).

Definitions
“Account” references any individual user’s Class Intercom access.
“Approved Quote” means an executed version of the quote including product and pricing information from Class Intercom sent to the school.
“Content” is a general term to refer to any posts, comments, internal notes, or uploads that enter the Class Intercom Service. Uploads includes, but is not limited to, all file types including images, videos, documents, and audio files.
“Privacy Policy” means the Class Intercom Privacy Policy found at https://classintercom.com/privacy-policy
“School” is any customer or school district that utilizes Class Intercom’s software and related services.
“User ” represents any individual with Customer granted access and an email linked account to Class Intercom.
Terms of Service
The following provides the terms of services for use of Class Intercom and any associated products provided by Class Intercom. These terms of service are binding between Class Intercom and any Class Intercom Schools and associated users accessing Class Intercom subscription services.

Class Intercom Terms of Service Updates
Class Intercom reserves the right, at any time, to update and change any or all of the Terms of Service, in our sole discretion, including, but not limited to, the scope of services, fees, and charges associated with the use of the Services. Any modified Terms of Service will be updated on this site, Class Intercom will notify School of any changes that materially impact these Terms of Service. Continued use of the Services after any changes have been made shall constitute School consent to such changes. School is responsible for regularly reviewing the most current version of these Terms of Service, which are currently at: com/terms-of-service/. When Class Intercom changes these Terms of Service, the “Last Updated” date will reflect the most recent update date.
Class Intercom Services
Class Intercom provides a subscription-based software platform for schools, school districts and other organizations to create, manage and document its social media activities on its own social media accounts (the “Services”). The following are the terms and conditions for use of the Services by the person or persons accessing the software platform (the “School”). Please read these Terms of Service (“Terms” or “Agreement”) carefully before using this website operated by Class Intercom (“us”, “We”, “Class Intercom”, “our”).
School Users
School access to and use of the website and Services under this limited license is conditioned on School acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access this site or use the products or services offered by Class Intercom.
BY ACCESSING AND USING THE SERVICES IN ANY MANNER, SCHOOL AND ITS USERS ARE “ACCEPTING” AND AGREEING TO BE BOUND BY THESE TERMS OF SERVICE TO THE EXCLUSION OF ALL OTHER TERMS. IF SCHOOL DOES NOT UNCONDITIONALLY ACCEPT THESE TERMS IN THEIR ENTIRETY, SCHOOL SHALL NOT (AND SHALL HAVE NO RIGHT TO) ACCESS OR USE THE SERVICES. THESE TERMS SHOULD BE READ IN CONJUNCTION WITH THE PRIVACY POLICY AND ANY USE OR OTHER AGREEMENT(S) FOR THE SERVICES OR PRODUCTS OFFERED.
CHILDREN AND STUDENT USERS. Class Intercom provides services to be used within the educational services to benefit schools and students. In providing services Class Intercom may collect student information to include student names and student school email addresses. In collecting this information for any students under the age of 13 years of age, we comply with the Federal Trade Commission Children’s Online Privacy Protection Act (“COPPA”).
In accepting the Term of Service, the School is accepting the agreement to:
1. Class Intercom relies on the School’s consent on behalf of parents and/or guardians in order to allow those under 13 years of age to use the Services. If at any time School no longer has the authority to provide student parental or guardian approval of use, you will notify Class Intercom immediately.
2. School’s disclosure of any information to Class Intercom, and our use of such information subject to the restrictions of the Agreement, does not and will not violate any Applicable Law, including COPPA and FERPA will remain in compliance with all Applicable Laws pertaining to third party copyright or trademark rights, including as to any text, graphics, photos or other material that you might upload or transmit through the Subscription Service,
3. Any student use is governed by the Use terms of the Terms of Service. Customer agrees that they will monitor any student use of Class Intercom and associated online activities.
  ACCOUNT CREATION. To use Class Intercom Services, School will need to create user accounts for individual access. When School users create accounts, the information provide to Class Intercom during the user setup process will help Class Intercom in offering content, School service, and other services and are subject to the terms of the Privacy Policy. School is solely responsible for maintaining the confidentiality of School account, Username, and password (collectively, “User” Account) and for all activities associated with or occurring under School Account. School represents and warrants that User Account information will be accurate at all times. To the extent permissible under applicable law, We cannot and will not be responsible for any loss or damage arising from School failure to comply with the foregoing requirements or as a result of use of School Account, either with or without School knowledge, prior to School notifying Class Intercom of unauthorized access to School Account.
  School may not transfer School Account to any other person and School may not use anyone else’s Account at any time without the permission of the Account holder. In cases where School have authorized or registered another individual, including a minor, to use School Account, School are fully responsible for (i) the online conduct of such Student and other users; (ii) controlling that Student’s access to and use of the Services; and (iii) the consequences of any misuse.
  FAIR USE POLICY. Class Intercom may suspend individual user or School access to the Services for abusive practices that degrade the performance of the Services for School and/or other Schools of Class Intercom.
Responsibilities
Class Intercom Responsibilities
SOFTWARE UPDATES. Class Intercom is continually improving the Service functionality with technological advancements as well as legal requirements. Class Intercom may change, add, or remove available Service features at any time. School will be provided with update notifications as applicable either within the application or via email communications.
THIRD PARTY SOCIAL NETWORK AVAILABILITY. Class Intercom Services as related to social media services are provided to Class Intercom are dependent upon the data access as provided by each individual third-party social network. The social media networks reserve the right to modify the available data, features, and functionality available to Class Intercom and its Schools at any time. In the event any data, features, or functionality is no longer available to Class Intercom, Class Intercom will not be held liable for any such changes.
DISASTER RECOVERY AND BUSINESS CONTINUITY. Class Intercom will maintain and annually test disaster recovery and business continuity plans.
Class Intercom will maintain insurance coverage. Proof of coverage can be provided at School’s request.
School Responsibilities
THIRD-PARTY SOCIAL NETWORK TERMS – Class Intercom provides School with a resource to access applicable third-party social networks. School is responsible for School service agreements and related legal terms of use with each third-party social network. Class Intercom will have no liability in relation to Schools use or content shared with third-party services via Class Intercom.
CONTENT. School acknowledges that they are solely responsible for all social media network content. Class Intercom has no responsibility in the creation, reviews, approval, publishing, or moderation of content or engagement related to School content. Any Class Intercom created content available in the Content Library may be used and modified by School. However, Class Intercom holds no responsibility in the use of any provided content
AFFILIATE ACCOUNT ACCESS. School may provide account access to affiliate organizations assisting in the management of their content. Schools holds all liability in ensuring that any affiliate provided accesses adheres to these use terms and conditions and related third party social network terms of use. Class Intercom will be held harmless from any affiliate and School legal actions, including, but not limited to, the use or misuse of Class Intercom services.

Subscription and Payment
SUBSCRIPTION. Class Intercom Services will be purchased as an annual or multi-year subscription as defined in the Approved Quote.
School payment is due following registration and upon order completion, including the agreement with these Terms. School will be issued an invoice with payment details. Payment can be processed by check or credit card. Payment is required within thirty (30) days of invoice date.
School agrees that Class Intercom has permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms Class Intercom retains in the future) School submitted payment information in order to process School purchase and renewal. Depending on where School transact with us, the type of payment method used and where School payment method was issued, School transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Class Intercom does not support all payment methods, currencies, or locations for payment. If the payment method School use with us, such as a credit card, reaches its expiration date and School do not edit School payment method information or cancel School account, School remain responsible for any uncollected amounts. All applicable taxes are calculated based on the billing information School provides at the time-of-service purchase.
AUTO-RENEWAL. School is purchasing Online Services on an annual subscription basis which will automatically renew at the end of the annual term. Subscriptions are billed in advance on a yearly basis and are non-refundable for the subscription period they are purchased for.
School agrees that Class Intercom may process School credit card or other valid payment terms on each annual or other renewal terms (based on the applicable billing cycle), on the calendar day corresponding to the first day School subscribed to the Services.
TAXES. School is responsible for paying all taxes associated with School purchase and use of Services.
LATE PAYMENT. Any invoice not paid by the due date is classified as a late payment. Class Intercom reserves the right to pause and/or terminate services for any payment that is greater than ninety (90) days past the invoice due date.
FEE INCREASES. Class Intercom reserves the right to increase the annual fees associated with Class Intercom services upon renewal. School will be provided with notice of any fee increases prior to the time of renewal. School has the right to opt out of the renewal prior to the automatic renewal date.

Term and Termination
TERM AND TERMINATION. The term of this agreement is one year. This agreement and the annual Class Intercom subscription begins when School authorizes the purchase of Class Intercom. School use of Class Intercom includes School agreement to license terms and conditions and ends when School terminate the subscription. School must provide notice of termination at least fifteen (15) days prior to the end of the annual term.
Class Intercom reserves the right to terminate, suspend, modify, or delete, at its sole discretion, any (a) Services or Content; and (b) School or individual user access to Services or School Account, as follows: 1) If School breaches or violates any of these Terms or any of Class Intercom’s applicable policies, as posted on Class Intercom Services from time to time, Class Intercom may take action immediately without prior notice to School. However, Class Intercom will attempt to provide School notice of any breach or violation and provide a reasonable opportunity (as determined by Class Intercom) to cure. If Class Intercom takes action pursuant to this section, Class Intercom shall not have any liability to School for any use of Class Intercom Services associated with School Account. For avoidance of any doubt, School understand and agree that School will not be compensated nor be eligible for any refund under any circumstances for any such access lost to Class Intercom Services; 2) Class Intercom may also take action to terminate School Account and any access to Services for any reason or no reason, in which case Class Intercom will provide prior notice to School.
Warranties

School acknowledges that the Service is based on an Internet-based software platform and, as such, may experience periods of downtime, including due to scheduled maintenance and third-party service outages. Accordingly, the Services are provided to you “AS IS” and without warranty of any kind, whether express, implied, statutory or otherwise, and we disclaim and exclude, to the maximum extent permitted by law, all other warranties, whether express, implied, statutory or otherwise, including non-infringement of third party rights, fitness for a particular purpose, merchantability, title and satisfactory quality.
In no event will either party be liable under the Agreement for any special, incidental, consequential, exemplary or punitive damages of any kind arising out of or in any way connected with the use of the Service or anything provided in connection with the Agreement, the delay or inability to use the Service or anything otherwise arising from the Agreement, and in no event will either party’s maximum aggregate liability arising from or relating to the Agreement, regardless of the cause of action (whether in contract, tort, breach of warranty or otherwise), exceed fees paid or payable to Class Intercom by the School in the twelve (12) month period immediately preceding the event giving rise to liability.
Liability Indemnification
School agree to indemnify, defend, and hold harmless Class Intercom from any and all claims, liabilities, expenses, and damages, including without limitation, interest, penalties, court costs, attorney’s fees and expenses made or pursued by any third party related to, resulting from, or arising out of: (i) the content School or any of School users post on School social media accounts through use of the Class Intercom platform; () the School management of content comments and engagement within Class Intercom (iii) School use or attempted use of the Services in violation of these Terms; (iv) School violation of any law or rights of any third party; or (v) the breach by School of any of the terms and conditions of the Agreement. School obligations under this paragraph shall survive the termination of the Agreement.

General Terms
GENERAL TERMS. If any portion of this Agreement shall be held to be illegal, invalid, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. In lieu of each such illegal, invalid, or unenforceable provision, there shall be added automatically as part of this Agreement a provision as similar to such former provision as shall be legal, valid, and enforceable, if possible, and such provision shall be applied. The provisions of this Agreement shall apply to, bind and inure to the benefit of Class Intercom and School and their respective successors, legal representatives, or assigns.
NON-EXCLUSIVITY. School acknowledges that the rights granted to School under this Agreement are non-exclusive and that nothing in this Agreement will be interpreted or construed to prohibit or in any way restrict Class Intercom’s right to license, sell, or otherwise make available the Services to any third party or perform any services for any third party.
INTELLECTUAL PROPERTY RIGHTS. As between School and Class Intercom, Class Intercom retains all right, title, and interest in and to the Services, including its trademarks and other products and services. Nothing herein shall be construed to restrict, impair, encumber, alter, deprive, or adversely affect the Services or any of Class Intercom’s rights or interests therein or any other Class Intercom intellectual property, brands, information, content, processes, methodologies, products, goods, services, materials, or rights, tangible or intangible. All rights, title, and interest in and to the Services not expressly granted in this Agreement are reserved by Class Intercom. School may from time to time provide suggestions, comments, or other feedback to Class Intercom with respect to the Services (“Feedback”). Feedback, even if designated as confidential by School, shall not create any confidentiality obligation for Class Intercom notwithstanding anything else. School shall, and hereby do, grant to Class Intercom a non-exclusive, worldwide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, fully paid-up license to use and exploit the Feedback for any purpose.
NATURE OF RELATIONSHIP. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement and neither party has any authority of any kind to bind the other in any respect.
MARKETING ACCEPTANCE. School agrees that Class Intercom may disclose they are a School and may utilize their name(s) and/or logos in Class Intercom marketing. This includes, but is not limited to; website, emails marketing, social media marketing, printed materials, and in-person presentations.
NOTICE FOR CALIFORNIA USERS. Under California Civil Code Section 1789.3, California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
STATUTE OF LIMITATIONS. Any claim or cause of action arising out of or related to use of the Services, the Terms, or any services or information available through Third Party Platforms, must be filed within one (1) year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action is forever barred.
OUR ADDRESS:
Class Intercom
Class Intercom, LLC
PO Box 80563
Lincoln, NE 68501
info@classintercom.com
NOTICE. By using these Services or communicating with Class Intercom, School agrees that Class Intercom may communicate with School electronically regarding security, privacy, and administrative issues relating to School use of the Services or these Terms. If Class Intercom learns of a security system’s breach, Class Intercom may attempt to notify School electronically by posting a notice through the Services or sending an email to administrative users. School may have a legal right to request to receive this notice in writing. To withdraw School consent from receiving electronic notices, please email to Class Intercom at support@classintercom.com. Notice will be deemed given twenty-four hours after email is sent. Alternatively, Class Intercom may give School legal notice by mail to a postal address, if provided by School and postal notice is requested, through School use of the Services. In such case, notice will be deemed given three days after the date of mailing.
FORCE MAJEURE. Except for payment obligations, neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including the elements; fire; flood; severe weather; earthquake; vandalism; accidents; sabotage; power failure; denial of service attacks or similar attacks; Internet failure; acts of God and the public enemy; acts of war; acts of terrorism; riots; civil or public disturbances; strikes, lockouts, or labor disruptions; and any laws, orders, rules, regulations, acts, or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts.
JURISDICTION & GOVERNING LAW; RESOLUTION OF CLAIMS AND DISPUTES. The Terms of Service shall be governed exclusively by the laws of the State of Nebraska, without regard to its conflicts of laws principles. The Parties hereto agree to submit to the exclusive jurisdiction of, and venue in, the courts in Lancaster County in Nebraska in any dispute arising out of or relating to this Agreement.