These Terms of Service (the “Agreement”) govern access to and use of the Dropback software and services (collectively, the “Services”) as provided by FanCave, Inc. (“Dropback,” “we,” “our,” or “us”) to the individual or entity accepting these terms (“Customer,” “you,” or “your,” and together with Dropback, the “Parties”).
This Agreement serves as a default terms of service. If you signed a separate agreement to access the Services with the same account, and that agreement has not ended, the terms below do not apply to you. Instead, your separate Agreement applies to your use of the Services.
By accessing or using the Services, you agree to be bound by this Agreement and confirm that you have read, understood, and agreed to these Terms. The “Effective Date” of this Agreement is the date you first access or use the Services.
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Subject to this Agreement and your use of the Services, Dropback grants you a non-exclusive, non-transferable right to access and use the Services during the subscription term.
We will provide reasonable technical support via email or in-app channels during our business hours.
You are responsible for maintaining the security of your account credentials and all activity under your account.
You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services.
You warrant that your use of the Services are in compliance with our standard published policies and all applicable laws and regulations. The Customer shall guarantee that at all times the Customer will comply with and observe all applicable laws, rules, and regulations in force during your use of the Services, including, where applicable, rules or directives of any governing or regulatory body with authority over your activities.
We reserve the right to suspend or terminate access if you violate these terms.
If any employee or representative of Customer begins to use the Services, that employee or representative is responsible for ensuring their use of the Services complies with Customer’s internal rules and approval process. We will work with the Customer to facilitate the process if requested.
“Customer Data” is herein defined as any information provided by Customer to Dropback to utilize the Services. You retain ownership of all non-public Customer Data provided through your use of the Services. We do not sell Customer Data to third parties. We jointly retain rights to use, display, and analyze Customer Data for internal purposes and improvement of the Services.
We implement reasonable administrative, physical, and technical safeguards to protect Customer Data. By using the Services, you consent to our collection, use, and disclosure of data as described herein, including for analytics, troubleshooting, support, and product improvement.
Dropback implements security controls consistent with NIST standards, including encryption of Customer Data at rest and in transit.
Dropback will use commercially reasonable efforts to secure the Service from unauthorized access, alteration, or use and other unlawful tampering. Dropback will promptly notify Customer in accordance with applicable law if we become aware of any unauthorized access to or disclosure of Customer Data, and will cooperate in reasonable remediation efforts.
Security Policy available at: https://www.dropback.com/security
If Customer is an educational institution subject to the Family Educational Rights and Privacy Act (FERPA), Dropback agrees to comply with applicable FERPA requirements in its handling of Education Records and shall act as a “school official” with a legitimate educational interest as defined under FERPA.
Upon termination, we will retain non-public Customer Data for a period of thirty (30) days to allow for data export. Thereafter, we may delete or archive such data.
This Agreement remains in effect until terminated by either party.
Either party may terminate this Agreement for convenience if they can show a legitimate business reason for such termination, including but not limited to non-use of the Services for an extended period.
Sections related to confidentiality, data rights, disclaimers, indemnity, and limitations of liability will survive termination.
Each party agrees to protect any confidential or proprietary information disclosed under this Agreement with the same level of care as it uses for its own similar information, and not less than reasonable care. This includes but is not limited to product information, business plans, and Customer Data.
Dropback retains all rights, title, and interest in the Services, software, documentation, and all enhancements thereto. Any feedback you provide may be used by us without restriction or compensation.
You agree to indemnify and hold Dropback, its affiliates, and personnel harmless from any claim, liability, loss, or expense (including attorneys’ fees) arising out of your misuse of the Services, violation of this Agreement, or infringement of any third-party rights.
The Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free service. However, Dropback warrants that it will perform the Services with reasonable care and skill consistent with industry standards.
To the maximum extent permitted by law, Dropback’s total cumulative liability arising out of or related to this Agreement will not exceed an amount equal to one annual subscription fee, as published by Dropback from time to time, regardless of the number of claims or theory of liability. We are not liable for indirect, incidental, consequential, or punitive damages, even if advised of the possibility.
This Agreement is governed by the laws of the State of Delaware, without regard to its conflict of laws principles. All disputes will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware.
In the event of any conflict or inconsistency between is Agreement and any separate agreement entered into between Company and Customer, the terms of the signed agreement shall prevail.
No waiver or modification is valid unless in writing and signed by both parties.
If any provision is unenforceable, the remainder will continue in full force.
You may not assign this Agreement without our prior written consent.
The Parties are independent contractors, not agents, partners, or joint venturers. Neither party is authorized to bind the other to any liability or obligation.
You grant Dropback the right to use the name and logo of the business, institution, or organization on whose behalf you are using the Services in its customer lists and marketing materials, including on its website and in presentations, solely to identify that entity as a customer of the Services.
Front office software for college sports.
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