Terms of Service
Last updated: January 15, 2024
1. Agreement to Terms
By accessing or using BrandPassPro ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.
These Terms apply to all visitors, users, and others who access or use the Service, including but not limited to customers, pass recipients, and event attendees.
2. Description of Service
BrandPassPro provides a digital pass management platform that enables organizations to:
- Create and customize digital passes for events, memberships, and identification
- Distribute passes via email, SMS, and direct download
- Manage pass recipients and track usage
- Integrate with Apple Wallet and Google Wallet
- Access analytics and reporting features
3. Account Registration and Security
3.1 Account Creation
- You must provide accurate, complete, and current information
- You must be at least 18 years old or have legal capacity to enter contracts
- You are responsible for maintaining account security
- One account per organization unless otherwise agreed
3.2 Account Security
- Keep your password confidential
- Notify us immediately of unauthorized access
- You are responsible for all activities under your account
- We reserve the right to disable accounts that violate these Terms
4. Subscription and Payment Terms
4.1 Subscription Plans
- Free Plan: Limited features as described on pricing page
- Professional Plan: $49/month with advanced features
- Business Plan: $99/month with premium features
- Enterprise Plan: Custom pricing with dedicated support
4.2 Payment Terms
- Subscriptions renew automatically unless canceled
- Payment due at the beginning of each billing cycle
- All fees are in USD unless otherwise stated
- Taxes may apply based on your location
4.3 Refund Policy
- No refunds for partial months
- 14-day money-back guarantee for new subscriptions
- Refunds processed within 5-10 business days
5. Acceptable Use Policy
5.1 You agree NOT to:
- Use the Service for illegal or unauthorized purposes
- Create passes containing false, misleading, or fraudulent information
- Impersonate others or misrepresent affiliations
- Upload malicious code or interfere with Service operation
- Attempt to gain unauthorized access to any systems
- Use the Service to send spam or unsolicited communications
- Violate intellectual property rights of others
- Create passes for discriminatory or harmful purposes
5.2 Content Standards
All content must be:
- Accurate and not misleading
- Compliant with applicable laws and regulations
- Respectful and professional
- Free from offensive or inappropriate material
6. Intellectual Property Rights
6.1 Our Intellectual Property
The Service and its original content, features, and functionality are owned by BrandPassPro and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
6.2 Your Content
- You retain ownership of content you upload
- You grant us a license to use your content to provide the Service
- You warrant that you have rights to all content you upload
- You indemnify us against claims related to your content
6.3 Feedback
Any feedback, suggestions, or ideas you provide become our property and may be used without compensation to you.
7. Privacy and Data Protection
Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to our collection and use of information as described in the Privacy Policy.
You agree to comply with all applicable data protection laws when using the Service, including obtaining necessary consents from pass recipients.
8. Third-Party Services
The Service integrates with third-party services including:
- Apple Wallet (subject to Apple's terms)
- Google Wallet (subject to Google's terms)
- Payment processors (Stripe)
- Cloud infrastructure providers (AWS)
We are not responsible for third-party services and their terms apply to your use of those services.
9. Service Level Agreement (SLA)
9.1 Uptime Commitment
- 99.9% uptime for Business and Enterprise plans
- 99.5% uptime for Professional plan
- Best effort for Free plan
9.2 Support Response Times
- Enterprise: 2-hour response time
- Business: 24-hour response time
- Professional: 48-hour response time
- Free: Community support only
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND
- WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED
- WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
- OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE PAST 12 MONTHS
- SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU
11. Indemnification
You agree to indemnify, defend, and hold harmless BrandPassPro, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any rights of another party
- Your content or passes created using the Service
12. Termination
12.1 Termination by You
- You may cancel your subscription at any time
- Cancellation takes effect at the end of the current billing period
- No refunds for unused time unless required by law
12.2 Termination by Us
We may terminate or suspend your account immediately if:
- You violate these Terms
- You engage in fraudulent or illegal activities
- Required by law or court order
- Non-payment of fees
12.3 Effect of Termination
- Access to the Service will cease immediately
- We may delete your data after 90 days
- You remain liable for any outstanding fees
- Provisions that should survive termination will remain in effect
13. Governing Law and Disputes
13.1 Governing Law
These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles.
13.2 Dispute Resolution
- First, try to resolve disputes informally by contacting us
- If unresolved, disputes will be settled by binding arbitration
- Arbitration will be conducted by JAMS under its rules
- You waive the right to jury trial or class actions
14. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
- Email notification to your registered email
- Prominent notice on the Service
- Requiring acceptance for continued use
Continued use after changes constitutes acceptance of new Terms.
15. General Provisions
15.1 Entire Agreement
These Terms constitute the entire agreement between you and BrandPassPro regarding the Service.
15.2 Severability
If any provision is found unenforceable, the remaining provisions will continue in full force.
15.3 Assignment
You may not assign your rights under these Terms without our written consent. We may assign our rights to any successor.
15.4 Waiver
No waiver of any term shall be deemed a further waiver of any term.
16. Contact Information
For questions about these Terms, please contact:
Email: legal@brandpasspro.com
Address: BrandPassPro, Inc.
123 Main Street
San Francisco, CA 94105
United States
Phone: +1 (415) 555-0123