Terms of Use

1. Who Uses Dominion Studio

Dominion Studio has four types of users. Each has different permissions and responsibilities. Where a section applies to only one type of user, it says so. Otherwise, "you" refers to every type of user.

A. Organizations

The "Organization" is the studio, school, church, gym, club, or similar group that subscribes to Dominion Studio.

The person who creates the Organization's account (the "Account") must have full authority to enter into binding agreements for the Organization. We may ask for proof of that authority and may suspend the Account until we receive it. We are not responsible for an Account opened by someone who did not have authority to open it.

By creating an Account, the Organization confirms that:

• the person creating the Account is authorized to do so;
• all registration information is truthful and accurate; and
• the Organization will keep that information current, updating it promptly in the admin portal when it changes, or by contacting us at info@dominionstudio.com.

B. Organization Administrators

"Organization Administrators" are the Organization's owner and administrators who manage the Account through the admin portal. The person who creates the Account automatically becomes an Organization Administrator.

Organization Administrators act on behalf of the Organization. Depending on their role, they can add or remove other administrators and staff, configure the Organization's web page and apps, manage classes, events, products, pricing, and content, view End User information, change subscription plans, connect payment accounts, and cancel the Account. An Organization Administrator who is removed loses access to the Account and its information.

Organization Administrators must have authority to act for the Organization, must follow the Organization's instructions, and must not act against the Organization's interests. We are not responsible for what an Organization or its Organization Administrators do with the Service, including deleting or misusing data, posting inappropriate content, or violating privacy or other laws. We are also not responsible for the actions of anyone who claimed to be, but was not, authorized to act for the Organization.

Disputes over control of an Account. If Organization Administrators disagree with each other, or with the Organization, about who controls the Account, the Organization must resolve the disagreement and send us written instructions signed by the Organization's owner or another legally authorized officer. We will follow those instructions. If there is a dispute over who holds that position, we may wait for a court order. We may suspend the Account until the matter is resolved. If we have to involve legal counsel, the Organization agrees to pay our reasonable fees and costs.

C. Authorized Users

"Authorized Users" are staff, faculty, instructors, volunteers, and others whom the Organization gives access to administrative or staff features. Authorized Users are added by an Organization Administrator, or by another Authorized User who has been given permission to add users.

Authorized Users do not have all of the permissions that Organization Administrators have. Authorized Users understand that an Organization Administrator (or a permitted Authorized User) may remove their access, change or delete information they entered, or cancel the Organization's Account, which can result in the deletion of their data.

D. End Users

"End Users" are the people who use the Service as part of, or on behalf of, an Organization's community, such as members, students, parents, and guardians. End Users typically use the Organization's web page and mobile apps (including the Organization's custom-branded app) to register for classes and events, buy products, passes, and subscriptions, send and receive messages, receive notifications, and view content.

End User accounts are connected to the Organization whose community they join. This means the Organization, its Organization Administrators, and its Authorized Users can see and use information End Users enter into the Service, as described in our Privacy Policy. End Users understand that the Organization may remove their access, change or delete information they entered, or cancel its Account, which can result in the deletion of their data.

Each End User account belongs to one organization at a time.

E. Linked Accounts and Managed Profiles

An End User may link their account with another person's account, or create and manage a profile for a dependent, such as a parent managing a profile for a child. A person under 18 may not hold their own account and may take part only through a managed profile (see Section 3.C). The adult who creates or manages a profile for someone else:

• confirms they have the legal authority to act for that person (for example, as a parent or legal guardian);
• is responsible for all activity through that profile, including purchases, registrations, and messages; and
• accepts these Terms on behalf of that person.

2. Responsibilities of Users

A. The Organization's Responsibilities

The Organization is responsible for its own use of the Service and for the conduct of its Organization Administrators, Authorized Users, and, to the extent the Organization controls their access and activity, its End Users. The Organization will make sure these users follow these Terms and our Privacy Policy, and will cooperate with us to enforce them.

Organization Data. Many features let users enter information and content into the Service ("Organization Data"). Organization Data often includes information about other people, such as members' names and contact details, attendance, purchases, messages, and information about children who take part in the Organization's programs ("Third-Party Information"). The Organization confirms that it has the legal right to collect and use this information in the Service, including, where the law requires it, verifiable consent from a parent or guardian.

The Organization is fully responsible for Organization Data and Third-Party Information, including any information about children, and is solely responsible for resolving disputes about it. If someone contacts us with a dispute about Organization Data or Third-Party Information, we will let the Organization know within a reasonable time, and we may suspend the Account until the dispute is resolved.

The Organization is responsible for complying with all laws that apply to it and to its use of the Service, and will not use the Service, or allow others to use it, in violation of those laws.

B. Organization Administrators' Responsibilities

Organization Administrators will:

1. follow the Organization's instructions and policies that relate to the Service;
2. make sure Authorized Users and End Users understand the Organization's policies and these Terms;
3. obtain every permission and consent needed for us to provide the Service and to lawfully process the personal information entered into it, including the parental or guardian consents described in Section 3.C; and
4. cooperate with us to make sure the Organization and its users comply with these Terms.

C. Authorized Users' and End Users' Responsibilities

Authorized Users and End Users will:

1. follow the Organization's policies and reasonable instructions that relate to the Service;
2. comply with these Terms and our Privacy Policy; and
3. give the Organization the permissions and consents it needs to use their personal information in the Service and to let us provide the Service.

D. Every User's Responsibilities

Account security. You are responsible for your login credentials and for everything that happens under your account. Do not use anyone else's login, and do not share yours. Keep your password and devices secure. Tell us right away at info@dominionstudio.com if you believe your account has been used without permission. We are not liable for losses caused by unauthorized use of your credentials.

Accurate information. Provide your real name, a valid email address, and any other information needed to create your account, and keep it current by updating your profile.

Your content and activity. You are responsible for the information and content you enter into the Service and for your activity in it.

3. Requirements for Using Dominion Studio

A. Use the Service for Its Intended Purpose

Dominion Studio is designed to help organizations run and engage their communities: managing members, classes, events, schedules, registrations, products, passes, subscriptions, payments, messaging, notifications, and related content (the "Intended Purpose"). You agree to use the Service only for the Intended Purpose and never for an illegal or prohibited purpose.

B. Follow the Law and Use the Service in the United States

You agree to follow all laws that apply to you and your use of the Service. The Service is offered for use in the United States. Neither the Organization nor its users may use the Service in any other country without our prior written consent, which we may give or withhold at our discretion.

C. Minimum Age

You must be at least 18 years old to create or hold an account. Anyone under 18 may take part in an Organization's programs only through a profile created and managed by a parent or legal guardian under Section 1.E. That parent or guardian is responsible for the profile and for all activity through it.

By creating an account, you confirm that you are at least 18, that you have the authority to agree to these Terms, and that nothing legally prevents you from doing so. The Organization is responsible for making sure its users meet this requirement.

D. Not Previously Barred

You may not use the Service if we have previously suspended or banned you from it.

E. Be a Person

Accounts created by bots or other automated means are not allowed.

F. Free Accounts

Each Organization may maintain only one free Account.

G. Do Not Confuse or Mislead Others

The Service gives each Organization a branded web page and may include a custom-branded mobile app. You may not use these, or any other part of the Service, to confuse or mislead people. For example, you may not use a name, web address, app name, logo, or branding that is misleading, that impersonates Dominion or anyone else, or that infringes someone else's trademark or other rights. We may suspend or remove any web page, app listing, or Account we reasonably believe is being used to mislead.

4. Acceptable Use

You agree that you will not, and will not help or allow anyone else to:

Harmful or unlawful conduct

• harass, bully, stalk, threaten, or abuse anyone;
• impersonate any person or organization, or misrepresent your connection to one;
• give false or misleading information when signing up, including about the Organization;
• post or share content that is illegal, defamatory, obscene, sexually explicit, hateful, or that promotes or glorifies violence, terrorism, or hate crimes;
• post or share images of children, or personal information about children, without verifiable permission from a parent or guardian;
• send spam, unsolicited advertising, chain letters, pyramid schemes, or similar solicitations;
• run raffles, lotteries, contests, or other games of chance or gambling where doing so is illegal or where you do not have a required license or permit;

Rights of others

• post or share content you do not have the right to share, including confidential information or content that infringes a copyright, trademark, patent, trade secret, privacy right, or publicity right;
• sell or commercially exploit other people's personal information obtained through the Service, or collect personal information in order to sell or transfer it;

The Service itself

• upload viruses, malware, or other harmful code ("Malicious Code");
• interfere with or disrupt the Service or its servers or networks, including through security tests, stress tests, or load tests, unless we have agreed in writing;
• try to gain unauthorized access to the Service, other accounts, or related systems;
• scrape, crawl, or use bots or other automated tools to access or copy data from the Service, except through an interface we have specifically approved;
• copy, modify, translate, or create derivative works of the Service or any part of its features or user interface;
• frame or mirror any part of the Service;
• decompile, disassemble, or reverse engineer the Service, or try to obtain its source code;
• remove any copyright, trademark, or other proprietary notice from the Service or its documentation;
• use the Service to build, market, or sell a competing product, or to copy any part of the Service;
• use the Service or its content to train artificial intelligence or machine learning models;
• sell, resell, rent, lease, license, sublicense, or distribute the Service, or offer it as part of a service bureau or outsourcing arrangement;
• share login credentials, or assign or transfer any of your rights under these Terms;

Restricted information. Unless we agree otherwise in writing, do not enter into the Service:

• Payment card or bank details outside our payment tools. Payment information must be entered only through the Stripe-powered payment screens in the Service. Do not collect card numbers, bank account numbers, or similar data in forms, posts, messages, or notes.
• Health information. The Service is not designed for medical records or for information protected by the Health Insurance Portability and Accountability Act (HIPAA), and it has no field for health information. Do not enter HIPAA-protected health information.
• Government ID numbers. Do not enter Social Security numbers, passport numbers, driver's license numbers, or similar identifiers. This does not apply to identity or tax information an Organization provides directly to Stripe when setting up its payment account.
• Criminal history record information, as defined in Title 28, Part 20 of the Code of Federal Regulations.
• Personal data of people in the European Union, the European Economic Area, or Switzerland.
• Any other content that is unlawful, harmful, or that we reasonably consider objectionable.

5. Organization Data and Privacy

A. Organization Data Belongs to the Organization

As between you and us, Organization Data belongs to the Organization or to the users who submitted it. We claim no ownership of it.

B. The Permission You Give Us

You give us a non-exclusive license to use, copy, store, transmit, and display Organization Data only as reasonably necessary to:

1. provide, maintain, secure, and improve the Service;
2. confirm compliance with these Terms; and
3. comply with the law.

You confirm that you have all the rights needed to give us this license.

C. Accuracy and Legality of Organization Data

The Organization is solely responsible for the accuracy, quality, and legality of Organization Data, for how it obtained Organization Data, and for how it uses Organization Data in the Service. We are not responsible for these things.

D. Exporting and Deleting Data

While the Organization's subscription is active, Organization Administrators may export Organization Data (in its native format or a common file format) and delete Organization Data at any time using the tools in the Service. After the subscription ends, Organization Administrators may export Organization Data during the 30-day grace period described in Section 9.C. Other than through those self-service tools, we have no obligation to provide Organization Data, and we have no obligation to keep it after the grace period. We strongly encourage Organizations to export their data before cancelling.

E. Privacy Policy

Your use of the Service is subject to our Privacy Policy. By using the Service, you consent to the collection, use, and sharing of information as described there.

6. Monitoring and Security

A. Monitoring

We are not required to monitor the Service or how you use it. However, we may review activity and content in the Service when we reasonably believe it is necessary to operate or protect the Service, to enforce these Terms, to respond to reports, to protect our users or others, or to comply with the law or a government request. We may share information when required for those purposes, as described in our Privacy Policy.

B. Security

We take security seriously and use reasonable measures to protect the Service. No system is perfectly secure, however, and we cannot guarantee that the Service will be free from unauthorized access or data loss. You use the Service at your own risk.

7. Fees, Billing, and Subscriptions

This Section applies to the Organization's subscription to Dominion Studio. Purchases that End Users make through the Service are covered in Section 8.

A. Subscription Fees and Automatic Renewal

The Organization agrees to pay the fees for the plan and billing period it selects, as shown at signup, in the admin portal, or in a signed order form or pricing agreement with us (the "Order Form"). Fees are billed in advance for each billing period.

THE ORGANIZATION'S SUBSCRIPTION RENEWS AUTOMATICALLY FOR SUCCESSIVE BILLING PERIODS OF THE SAME LENGTH UNTIL IT IS CANCELLED UNDER SECTION 9. The Organization authorizes us and our payment processor to charge its payment method on file for subscription fees (and any applicable taxes) at the start of each billing period.

B. Payment Method

The Organization must keep a valid, accepted payment method (card or bank account) on file at all times. That payment method will be charged automatically on the Organization's billing date. The Organization is responsible for keeping its billing information complete and current. If the Organization pays by bank debit, it authorizes us and our payment processor to debit its bank account for the fees due, and understands that bank payments can take several business days to settle and may be returned or reversed; the Organization remains responsible for any amount that is not successfully collected.

C. Non-Payment

If a payment is not successfully processed on the billing date, we may, at our sole discretion, suspend or disable access to the Service, including the Organization's hosted web page, mobile apps (including custom-branded apps), software features, and related services, until the balance is paid in full. Continued failure to pay may result in termination of the subscription and license. The Organization remains responsible for all unpaid amounts. We are not liable for any loss or damage resulting from suspension or termination for non-payment.

D. Free Trials

If we offer a free trial, its terms are shown at sign-up.

E. Upgrades and Downgrades

The Organization may change its plan in the admin portal. Changes are billed or credited as shown at the time of the change. Downgrading may reduce available features, capacity, or content, and we are not liable for that loss.

F. What the Subscription Includes

The subscription fee includes software fixes, software updates, maintenance, and data storage within the Organization's plan.

G. Custom Mobile App Features

All additional features in an Organization's custom-branded mobile app that go beyond our standard mobile app features may be removed, or may be charged at our regular price to add.

H. Taxes

Fees do not include taxes unless stated. The Organization is responsible for any sales, use, or similar taxes on its subscription. Where the law requires us to collect those taxes, we will add them to the Organization's charges.

I. No Refunds

Subscription fees are non-refundable, including for unused time and cancellations, except where the law requires otherwise. Any credit for a plan change is applied as described in Section 7.E.

8. End User Purchases and Payments to Organizations

A. How Payments Work

The Service lets End Users buy an Organization's classes, events, products, passes, subscriptions, and similar items (the Organization's "Offerings"). Dominion is the merchant and seller of record for these purchases. We collect payment through our third-party payment processor, Stripe, and pay the proceeds to the Stripe account the Organization has connected to the Service (using Stripe Connect), less the Platform Fee.

Even though we are the seller of record, the Organization decides what it offers, sets its own prices and policies, and is responsible for its Offerings, as described in Section 8.C.

By connecting a Stripe account, the Organization agrees to Stripe's terms, including the Stripe Connected Account Agreement and the Stripe Services Agreement, as updated by Stripe from time to time. The Organization authorizes us to share information with Stripe and to receive information from Stripe as needed to operate payments.

B. Platform Fee

We charge a fee on purchases made through the Service (the "Platform Fee"), which we keep before paying the proceeds to the Organization. The amount is set out in our pricing or the Organization's Order Form. We may change the Platform Fee by emailing Organization Administrators at least 30 days before the change takes effect (see Section 10).

C. The Organization's Responsibilities for Its Offerings

The Organization sets its own prices, policies, and terms for its Offerings, including refund, cancellation, transfer, and no-show policies. The Organization is solely responsible for:

• clearly telling End Users its policies before they pay;
• delivering its Offerings;
• deciding refund and cancellation requests, handling customer service, and covering the cost of refunds it grants;
• giving us the information we need to respond to chargebacks and payment disputes about its Offerings (as seller of record, Dominion manages and responds to chargebacks and payment disputes on End User purchases); and
• its obligations under consumer-protection and other laws that apply to its Offerings.

D. For End Users Making Purchases

When you buy an Organization's Offering through the Service, Dominion is the seller of record and processes your payment through Stripe, and the Organization provides the Offering and is responsible for it. You agree to give accurate payment information, to pay all charges you incur at the prices in effect at the time, and to pay any applicable taxes shown at checkout. Refunds and cancellations are governed by the Organization's policies; please send any refund or cancellation request to the Organization. Questions or disagreements about an Offering itself should be resolved between you and the Organization. If you dispute a charge with your card issuer or bank, we may share information about the purchase with the Organization and Stripe to respond. If a payment dispute requires us to involve legal counsel, the person who started the dispute agrees to pay our reasonable fees and costs. While a dispute is open, we may suspend the related access or Account.

E. Card and Bank Details

Card and bank details are collected and stored by Stripe. Dominion never stores full card numbers or full bank account numbers. Stripe may receive updated card information from your card issuer (for example, a new expiration date) so saved payment methods keep working; that is controlled by your card issuer, which may let you opt out.

F. Our Limited Role

Our role as seller of record is to take payment and pay the proceeds to the Organization. We do not provide, and are not responsible for the quality, delivery, or cancellation of, any Organization's Offerings. To the extent allowed by law, we are not liable for missed or delayed funds, failed payments, failed in-app purchases, failed subscription renewals, or any other financial transaction conducted through the Service, and you use these payment features at your own risk. We may keep transaction information for as long as the law requires, including for tax reporting.

9. Cancellation, Termination, and Account Deletion

A. Cancellation by the Organization

The Organization may cancel or downgrade its paid subscription at any time from within the admin portal. To close the Organization's Account entirely, an Organization Administrator may contact us at info@dominionstudio.com. Only an Organization Administrator with the Organization's authority to cancel may do so; by cancelling, the administrator confirms the Organization has authorized the cancellation.

Cancellation takes effect at the end of the current paid billing period. The Organization keeps access to the Service until then, and we will not charge for later billing periods. Any amounts already owed remain due.

If the in-app cancellation option is unavailable, an Organization Administrator may instead cancel by writing to us at info@dominionstudio.com. The cancellation then takes effect at the end of the paid billing period in which we receive the request.

B. Suspension or Termination by Us

We may suspend, restrict, or terminate any Account or user's access to the Service, at any time and without liability, if we reasonably believe that the user or the Organization has violated these Terms, has not paid amounts owed, poses a risk to the Service or other users, or where required by law. We may also modify, suspend, or discontinue the Service as described in Section 10.

C. What Happens After Cancellation or Termination

When a subscription ends, access to the Service for the Organization and its users ends, including the Organization's hosted web page and mobile apps. For 30 days after the subscription ends (the "grace period"), Organization Administrators may sign in to export Organization Data. After the grace period, we have no obligation to retain Organization Data, and we may delete it. Deleted data cannot be recovered. We are not responsible for costs, expenses, or liabilities arising from cancellation or termination.

D. End User Account Deletion

End Users can delete their own account from their account settings in the app or on the web. When you do, your account is disabled immediately and scheduled for deletion. Your personal information is then deleted as described in our Privacy Policy, except for records we are required by law to keep, such as payment and tax records. What happens to any active subscription, pass, or other purchase you have with an Organization is governed by that Organization's policies; please contact the Organization about it. We do not automatically issue refunds when an account is deleted.

E. Removal by an Organization

An Organization may remove an Authorized User or End User from its community at any time. Removal from one Organization's community does not delete the person's Dominion Studio account.

10. Changes to the Service, Pricing, and These Terms

The Service. We may change, suspend, or discontinue all or part of the Service, temporarily or permanently, at any time.

Pricing. We may change our prices, including subscription fees and the Platform Fee. We will email Organization Administrators at least 30 days before a price change takes effect.

These Terms. We may revise these Terms at any time and for any reason by posting the updated Terms and changing the "Last Updated" date. For material changes, we will also email Organization Administrators at least 30 days before the changes take effect. Your continued use of the Service after changes take effect means you accept them.

We are not liable to you or anyone else for any change, price change, suspension, or discontinuation of the Service.

11. Communications

A. Service and Legal Notices

By giving us your email address, you agree that we may send you notices about the Service electronically, including notices required by law, instead of by postal mail. Keep your email address current. If you prefer to receive legal notices by mail, contact us at the address in Section 18.

B. Opting Out of Important Communications

From time to time we send important communications about updates, changes to the Service, billing, security, or other essential information. If you opt out of or unsubscribe from these communications, you may miss critical updates or notices. You agree that we are not liable for any consequences of your decision to opt out or unsubscribe.

C. Push Notifications and Email from Organizations

Organizations can send End Users push notifications and email through the Service, and the Service sends automated notifications (for example, about registrations, purchases, and messages). You can manage push notifications in your device settings and certain notification preferences in the app. The Organization is responsible for the content of the messages it sends and for complying with laws that apply to them.

D. In-App Messaging

The Service includes messaging between End Users, staff, and Organization Administrators. You are responsible for the messages you send. Messages are visible to their participants. Organizations and Dominion may access messages as needed to operate, moderate, and secure the Service, as described in our Privacy Policy.

E. Your Ideas and Feedback

We welcome ideas and suggestions for improving the Service. If you send us any, you agree that they are not confidential, that we owe you no compensation for them, and that we may use them freely without restriction.

12. Intellectual Property, Content, and Third-Party Services

A. Our Intellectual Property

We and our licensors own all rights in the Service, including its software, design, text, graphics, logos, and the overall look and feel. Except for the limited rights expressly granted in these Terms, no license or other right in the Service is granted to you. "Dominion," "Dominion Studio," and our logos are our trademarks and may not be used without our prior written consent. Other product and company names belong to their owners.

Subject to these Terms and, for Organizations, payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for the Intended Purpose during the term of the Organization's subscription.

B. Your Content

Organizations and users may post content in the Service, such as classes, events, posts, videos, resources, images, comments, and messages. You keep ownership of your content. By posting content, you confirm that:

• you own it, or have all rights, licenses, and permissions needed to post and use it, including any content created by or about another person or organization;
• it does not violate anyone's rights, including copyright, trademark, privacy, or publicity rights;
• it does not violate these Terms or the law; and
• there is no pending or threatened legal claim that affects it.

End Users may post only where the Organization allows it, for example in class groups. The Organization may moderate, hide, or remove content posted in its community.

C. Other People's Content

Do not post anything that is not yours unless you have permission. You will hold us harmless from claims and disputes relating to content you post that belongs to or concerns someone else.

D. Imported Social Media Content

An Organization may connect social media accounts (such as Facebook or YouTube) so that content from those accounts appears in the Service. The Organization confirms it controls those accounts or has permission to import their content, and is responsible for that content. Imported content is also subject to the terms of the social media platform.

E. Third-Party Services

Parts of the Service rely on third parties, including Stripe for payments, Apple and Google for mobile app distribution and push notifications, and Facebook and YouTube for imported content (together, "Third-Party Services"). Your use of a Third-Party Service is also subject to that provider's terms and privacy policy. We do not control and are not responsible for Third-Party Services, and we make no warranties about them. They are provided "as is."

F. Content Removal

We may remove, disable, or block access to any content that we reasonably believe violates these Terms or the law, or that is the subject of a valid complaint.

G. Copyright Complaints (DMCA)

We respect copyrights and respond to notices under the Digital Millennium Copyright Act ("DMCA"). If you believe content in the Service infringes your copyright, send a written notice to our designated copyright agent:

Dominion IT Consulting, LLCAttn: Copyright AgentEmail: info@dominionstudio.com

Your notice should include:

1. your physical or electronic signature (or that of someone authorized to act for the copyright owner);
2. identification of the copyrighted work you believe is infringed;
3. identification of the allegedly infringing material and where it appears in the Service;
4. your contact information (address, phone number, and email);
5. a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent, or the law; and
6. a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act for the owner.

If your content was removed and you believe that was a mistake, you may send a counter-notice to our designated copyright agent at the contact details above that includes your signature; identification of the removed material and where it appeared; a statement under penalty of perjury that you believe in good faith it was removed by mistake or misidentification; and your name, address, and phone number, with a statement that you consent to the jurisdiction of the federal district court for your address (or, if you are outside the United States, any judicial district in which we may be found) and will accept service of process from the person who filed the original notice.

Anyone who knowingly makes a material misrepresentation in a notice or counter-notice may be liable for damages. This section is not legal advice; you may wish to consult a lawyer. We may terminate the accounts of repeat infringers.

13. Confidentiality

"Confidential Information" means non-public information, technical data, or know-how of a party or its affiliates that is shared with the other party in connection with the Service or these Terms and that either (a) would reasonably be considered confidential or (b) is identified in writing as confidential when shared.

Confidential Information does not include information that the receiving party: (i) already had without a confidentiality obligation; (ii) developed independently; (iii) that becomes public through no fault of the receiving party; (iv) received rightfully from a third party with no duty of confidentiality; (v) that the disclosing party approves for release in writing; or (vi) that must be disclosed by law, regulation, or court order.

Each party (and, for the Organization, its users) will use the other party's Confidential Information only as reasonably needed to provide or use the Service under these Terms, and will share it only with employees or contractors who need to know it and are bound by confidentiality obligations. Each party will destroy the other's Confidential Information on request.

If a party receives legal process requiring it to disclose the other party's Confidential Information, it will promptly notify the other party (if legally allowed) so the other party can challenge the demand, and will reasonably cooperate, at the disclosing party's expense, with any effort to obtain a protective order. The disclosing party will promptly reimburse the reasonable costs, including attorneys' fees, of responding to or challenging that process.

These obligations continue for one (1) year after the Organization's subscription ends.

14. Indemnification

You agree to defend, indemnify, and hold harmless Dominion and its officers, employees, agents, and contractors from any claims, demands, losses, and expenses (including reasonable attorneys' and accounting fees) brought by a third party that arise from or relate to:

• your use of the Service, or the use of the Service by your users;
• your breach of these Terms or of any promise you make in them;
• your content or Organization Data, including any infringement of another person's rights;
• your violation of any law; and
• for Organizations, your Offerings to End Users, your policies, and the actions or inactions of your Organization Administrators, Authorized Users, and End Users.

15. Disclaimers and Limitation of Liability

A. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE OF VIRUSES, OR THAT IT WILL MEET YOUR EXPECTATIONS. WE MAKE NO WARRANTY THAT THE SERVICE COMPLIES WITH THE LAWS OF ANY JURISDICTION OUTSIDE THE UNITED STATES. WE MAKE NO WARRANTY ABOUT THIRD-PARTY SERVICES OR CONTENT AVAILABLE THROUGH THE SERVICE, AND NOTHING IN THE SERVICE IS AN ENDORSEMENT OF ANY THIRD PARTY OR ANY ORGANIZATION. YOU USE THE SERVICE AT YOUR OWN RISK.

B. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OR DATA, OR CORRUPTION OF DATA, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, ARISING IN ANY WAY OUT OF THE SERVICE OR THESE TERMS, EVEN IF WE HAVE BEEN TOLD SUCH DAMAGES ARE POSSIBLE.

IF ANY PART OF THIS LIMITATION IS FOUND UNENFORCEABLE, OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

C. Time Limit for Claims

To the extent allowed by law, any claim arising from or relating to these Terms or the Service must be filed within one (1) year after it arises, or it is permanently barred.

16. Governing Law and Venue

These Terms are governed by the laws of the Commonwealth of Virginia and applicable federal law, without regard to conflict-of-law rules, and will not be strictly construed for or against either party. Any action arising under or relating to these Terms or the Service must be brought exclusively in the state or federal courts located in Prince William County, Virginia, and you consent to the jurisdiction of those courts.

17. General Provisions

A. Mobile App Stores

If you download a Dominion Studio app or a custom-branded app from the Apple App Store or Google Play, your use of the app is also subject to that store's terms. These Terms are between you and Dominion, not the app store provider. The app store provider is not responsible for the app, its content, maintenance, support, or any warranty or claims about it. We are not responsible for information the app store collects about you.

B. Access Outside the United States

The Service is intended for use in the United States. If you access it from elsewhere, you do so at your own risk and are responsible for complying with local laws. See also Section 3.B.

C. Assignment

You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or to an affiliate.

D. No Waiver

If we do not enforce any part of these Terms, that is not a waiver of our right to enforce it later. A waiver of any term is not a waiver of any other term.

E. Severability

If a court finds any provision of these Terms invalid, illegal, or unenforceable, that provision will be removed and the rest of these Terms will remain in full effect.

F. Entire Agreement

These Terms, together with our Privacy Policy and any Order Form, are the entire agreement between you and Dominion about the Service, and replace all prior or contemporaneous negotiations, discussions, and agreements, whether written or oral, including prior versions of these Terms. If a signed Order Form conflicts with these Terms, the signed Order Form controls for that Organization.

G. Electronic Records

A printed copy of these Terms, and of any electronic notice or record, is admissible in judicial or administrative proceedings to the same extent as documents originally created in paper form.

18. Questions and Contact Information

Questions about these Terms can be sent to:

Dominion IT Consulting, LLCEmail: info@dominionstudio.comWebsite: dominionstudio.com