Welcome to the Dismissly website and application (the “Site”). The Site contains a simple solution to allow schools to accomplish dismissal after school with a minimum of hassle (the “Services”). The following, along with the Terms of Use and Privacy Policy are terms of a legal agreement (collectively, the “Terms”) between you and the owner of the Site, Droplet, LLC. Droplet values its relationship with its customers, so these Terms of License are provided to ensure clarity in the relationship and ease of making transactions. By purchasing a license on the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of License and to comply with all applicable laws and regulations. If you do not agree to these Terms, please do not use or make a purchase on the Site. These Terms of License may change from time to time without notice to you, so be sure to check them each time you make a purchase on the Site. The most recent date on which these Terms of License were updated will always appear at the bottom of this page.
All transactions will be governed under the general commercial laws of the State of Iowa as supplemented or modified by this Agreement, without regard to conflict of law principles. Droplet will accept your order only if (1) you accept the terms of these Terms of License (“TOL”), (2) you make payment in a timely fashion, either through the Site or by check, and (3) you upload only directory information (in compliance with FERPA) to the Site. Droplet reserves the right to cancel your order in its sole discretion, for any reason.
Confirmation of receipt of your order does not constitute acceptance of your order; your order is accepted only when you receive confirmation that your school’s accounts have been authorized for setup. The TOL, including associated warranty statements or attachments, are the complete agreement between you and Droplet regarding your license and replaces any prior oral or written communications between you and Droplet. Any additional or different terms in any order or written communications from you are void. If there is a commercial agreement in effect between you and Droplet, then the terms of the commercial agreement govern this transaction.
The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only within the United States. If you are located outside the United States, you may not make a license purchase on the Site.
If a license is quoted at an incorrect price due to typographical error or error in pricing information: 1) Droplet has the right to refuse or cancel any orders placed for the license quoted at the incorrect price, even if Droplet has confirmed the receipt of your order and charged your credit or debit card; and 2) if Droplet has charged your credit or debit card but subsequently canceled your order, Droplet will promptly issue a credit to your credit or debit card account for the amount charged. You are responsible for taxes, if any, for each license purchase you make on the Site. No other discounts, quantity entitlements, or promotions apply unless expressly specified for this transaction.
Droplet uses a third-party payment gateway, Stripe. You can find out more about Stripe at www.stripe.com. When you order something from the Site, Stripe will ask you to provide personal information including but not limited to your name, physical address, telephone number, and credit or debit card information. This information will be used to process your order and payment, and for related purposes. Droplet does not have access to this information. For additional information, please read Stripe’s Privacy Policy at https://stripe.com/privacy.
Droplet accepts credit and debit card payments only through the Site. If you wish to order using a check, please contact Droplet directly at support@dismissly.com. You will receive information regarding how to create your accounts for the Dismissly app within three (3) business days after Droplet has received your payment, regardless of method of payment.
When you make a purchase on the Site, you are purchasing a license to create one or more accounts on the Site in order to access the Services. Droplet and its licensors retain copyright, trademark, patent, trade secret, and all other intellectual property rights in and to all materials on the Site. When you purchase a license, Droplet grants you a non-exclusive, non-transferable, limited and revocable permission to access and display the Web pages within the Site for the purpose of accessing and using the Services. You are responsible for providing your own hardware, software, and internet connection in order to access and use the Site and the Services. This license is conditioned upon your leaving intact all copyright, trademark, and other proprietary notices.
By uploading Your Data (as defined in the Terms of Use) to the Site, you are granting Droplet a revocable, royalty-free, sublicenseable (in accordance with the Terms), non-exclusive license to use, modify, delete from, add to, create derivative works of, perform, display, reproduce and distribute Your Data for the sole purpose of providing you the Services.
Please be aware that you are responsible for ensuring that your order is in compliance with all local laws.
Droplet does not wish to have access to any student data that is designated as an Education Record under the Family Educational Rights and Privacy Act and its implementing regulations (“FERPA”). The Site and Services are deliberately designed to minimize the amount of personally identifiable information collected. You should provide only information that has been properly designated Directory Information under FERPA to Droplet. It is a violation of the Terms to provide any information about a student to Droplet, either through the Site or the Services or otherwise, that is not properly designated Directory Information under FERPA. Such violations are subject to the Indemnification terms of the Terms of Use.
Your license to use the Site and the Services will last for the period of time you have designated through the purchase portal (the “Term”). Unless you indicate otherwise at least five (5) business days in advance, your license will automatically renew at the current license price for one (1) additional Term at the end of your current license Term. Droplet may update pricing at any time in its sole discretion; you will receive 30 days’ notice of any changes to pricing at the email address we have on file for the administrator of your entity or organization’s payment account. You are free to cancel automatic renewal of your license with no less than five (5) business days’ notice before the end of the then-current license Term, and the license will terminate at the end of the then-current Term and will not renew. No refunds are available.
USE OF THIS SITE AND THE SERVICES IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SERVICES AND PRODUCTS ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. DROPLET EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, DROPLET MAKES NO WARRANTY OR GUARANTEE THAT THIS SITE OR THE SERVICES WILL BE UNINTERRUPTED, CORRECT, COMPLETE, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THIS WEB SITE WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT IF YOU OBTAIN MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL DROPLET BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS SITE OR THE SERVICES OR ANY USE OF THIS SITE OR THE SERVICES, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF DROPLET IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.
You agree that any claim or controversy arising out of or relating to the Site, the Services, or to any acts or omissions for which you may contend Droplet is liable, including but not limited to any claim or controversy as to arbitrability ("Dispute"), shall be finally and exclusively settled by arbitration. The arbitration shall be venued in Des Moines, Iowa, and shall apply the laws of the State of Iowa, excluding its conflicts of laws provisions. Arbitration will be conducted under the rules of the American Arbitration Association ("AAA"). The parties will jointly agree upon a neutral arbitrator. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. To the fullest extent permitted by applicable law, no arbitration under these TOL shall be joined to an arbitration involving any other party subject to these TOL, whether through class arbitration proceedings or otherwise.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND DROPLET WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, and the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable as any court order and are subject to very limited review by a court. By using the Site and the Services and by purchasing a license under these TOL, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Droplet, you agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Des Moines, Iowa. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys' fees.
If any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
Last revised: August 3, 2020.