Welcome to Remind. Remind is a messaging platform that helps educators, students, parents and other users send quick, simple messages to any device and for students to gain access to tutoring to advance their learning. Please continue reading to learn about the rules and restrictions that govern your use of Remind’s website(s) and all other products, services and applications made available by Remind from time to time (collectively, the “Services”). This Agreement includes the terms in this document, as well as Remind’s Privacy Policy, Copyright Dispute Policy, and the Apple Application Terms.

We constantly try to improve our Services, so we may update this Agreement as we offer new and improved Services. We may modify this Agreement at any time, but we will do our best to bring this to your attention by posting a notice on the Services or notifying you by email or by some other means. If you don't agree with the new terms, you may reject them but unfortunately you will no longer be able to use the Services. Your use of the Services in any way following notification by Remind constitutes your acceptance of the terms and conditions as modified. We may suspend or discontinue any part of the Services, or we may introduce new features, impose limits on certain features or restrict access to parts or all of the Services at any time. We'll provide you notice when we make a material change to the Services that would adversely affect you.

You represent and warrant to Remind that:

• you are at least 18 years old (or, if you are not at least 18 years old, you have your parent's permission to use the Services, and your parent has read and agrees to this Agreement on your behalf);
• all registration information you submit is accurate and truthful;
• you will maintain the accuracy of such information;
• if you're agreeing to this Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to this Agreement on the organization or entity's behalf and bind them to this Agreement (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity). You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection, use of, and access to the Services, including ensuring that you have permission to communicate with anyone you choose to interact with through the Services.

This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

We take the privacy of our users very seriously. Please read our Privacy Policy, located at remind.com/privacy-policy. Residents of the European Union (“EU”), European Economic Area (“EEA”), or United Kingdom (“UK”) may read about our additional commitments concerning your privacy by reviewing our pledges to the principles embodied in the EU-US and Swiss-US Privacy Shield agreements remind.com/privacy-policy#privacy-shield and how Remind complies with the requirements of the EU’s General Data Protection Regulation remind.com/privacy-policy#gdpr. Remind also complies with the UK Data Protection Act 2018. Remind utilizes Standard Contractual Clauses provided by the EU and approved by the UK’s Information Commissioner's Office to effectuate lawful transfers of the personal data of residents of the EU, EEA, or UK to the United States for processing.

The Children's Online Privacy Protection Act ("COPPA") requires that online service providers notify parents of children in the United States and obtain their consent before they knowingly collect personally identifiable information online from children who are under 13. Remind only collects personal information through the Services from a child under 13 where that student's school, district and/or teacher has agreed, via the terms described below, to obtain parental consent for that child to use the Services and disclose that personal information to Remind. Except as expressly set forth below, we do not knowingly collect or solicit personally identifiable information from a child under 13. Remind's mechanisms and policies for compliance with COPPA meet or exceed the requirements of the European Union's General Data Protection Regulation for the protection of the Personal Data of children.

• For children under 13 using Remind’s messaging or communications Services we may collect a child’s name (first and last name), date of birth, email address or telephone number, and the child’s parent’s email address. We collect these in order to notify the parent that we may contact the child for the purpose of providing the Services for which the child’s teacher, Organizer (as described below) or school administrator has signed up to use. For children under 13 using Remind’s tutoring Services we may additionally collect a child’s voice recording. We collect these in order to provide one-to-one, live tutoring sessions, but all of these elements of children’s personal data are deleted within 60 days. Note that if the Remind account of a child under 13 is inactive for at least twelve months (meaning, that account has not sent or received a message through the Remind Services in that time), Remind’s policy is to delete the personally-identifiable information associated with that child’s account. While we delete the account in these situations, some of the child’s data may persist in the files of Remind’s agents or service providers for some period of time until it is removed from their systems as well.
• We may collect personal information through the Services from a child under 13 but only in support of the learning environment. For Remind to collect this type of personal information, a student’s school, district or teacher must agree to obtain parental consent for that child to use the Services, or Remind must obtain that consent. The student’s school, district or teacher may disclose that personal information to us for a legitimate educational interest.
• If you are a school, district, or teacher, you represent and warrant that you are responsible for complying with COPPA in cooperation with Remind, meaning you must obtain consent from all parents or guardians whose children under 13 will be accessing the Services or work with Remind to ensure Remind has obtained all necessary consents. If you are a teacher, you represent and warrant that you are authorized by your school or district to use the Services. You also represent and warrant that you are entering into these Terms on behalf of your school or district. For more information on COPPA, please click here.

• If you are a school, district, or teacher providing consent on behalf of parents or guardians, you may be required to provide adequate school credentials and a valid school email address to verify your identity.

If we learn we have collected personal information from a student under 13 other than pursuant to the above, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at rmd.me/help.

Access to and use of Remind itself is free, but we do offer additional features that require fees, such as our Remind Tutoring services. Remind reserves the right to charge fees for certain features. We will notify you when we intend to charge for a service or feature. You will always have the choice whether to use those features. If you continue to use any service or feature after you have been notified of any applicable fees, that use constitutes your acceptance of any new or increased fees.

Through Remind, you may be able to access and use products or services operated by other individuals or companies who are not employed or controlled by Remind (such as, a payment platform to request and/or make payments). If you use any of these products or services, you must review and agree to the additional terms and conditions and privacy policy, as well as pay any applicable fees required to use those products. Any information you agree to provide will be governed by that business' privacy policy.

Note that, by using the Services, you may receive e-mail or text messages on your phone or mobile device, which may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Services.

Additionally, we have created additional Plans for schools and districts that want additional features. You may learn about Remind Hub here: remind.com/hub#plans.

This Agreement applies to all users of our Services, but there are special terms for you depending on what type of user you are and whether you use the service for free, as do the vast majority of our users, or pay for use of Remind.

If you are, for example, a student, teammate or parent who is invited to be or added as a member of a class or group by an Organizer, you are a Participant. If you are a staff member of a school or school district that has purchased Remind Hub, and have been given administrative rights, then you are a Verified Administrator. If you are a teacher, tutor or parent who creates a “class” or “group” of members, then you are an Organizer. If you are agreeing to this Agreement on behalf of an organization, such as a school or school district, club, or team, you are an Organization. If you are purchasing an individual account, you are a Premium Organizer. If you are retained by Remind to work with students to advance their education, you are a Tutor. You may not sign up for or use the Services as someone you are not; Remind may disable or terminate your account if you do so. Please read on below to find out what additional terms apply to you.

If you are a Participant (such as a student, parent, or other individual invited to join a class or group by an Organizer, or a student who is participating in Remind Tutoring):

• You must get your parent or guardian to read and agree to this Agreement before using the Services if you are younger than 18.
• You will only join schools, classes, groups, and/or tutoring sessions to which you have been invited, or to which you belong.
• In certain cases, you may be invited to join a class or group by another Participant who is already a member of that class or group.
• The Organizer and other Participants of your class or group may be able to view information (including your personally identifiable information but not personal contact information), as well as your User Submissions (defined below).
• If you are connected to an Organization that has purchased Remind Hub, Verified Administrators of the Organization will be able to see and edit your contact information or tutoring information. Verified Administrators may be able to add, remove, and/or move you from classes or groups within the same Organization.

If you are accessing the Services as an Organizer (such as a teacher, administrator, parent or other adult creating a class or group) and inviting users to join as Participants:

• The Services may allow you to invite users to join and/or to add users to your class(s) and/or group(s).
• You can invite Participants and other Organizers to your class or group by distributing "class codes" or "group codes", and communicate with those users, (in some cases, there may be more than one Organizer per class/group).
• You may only share class or group codes with Participants and Organizers whom you wish to subscribe to your class/group. If you plan to broadly or publicly publish these codes, you must manage the accuracy of your subscriber lists carefully and provide SMS opt out instructions.
• It's your responsibility to maintain and monitor the accuracy of list of Participants for each of your classes or groups.
• If you are connected to an Organization on Remind Hub, you may receive additional privileges from a Verified Administrator of your Organization. These privileges may include access to information and User Submissions (defined below) (including personally identifiable information but not personal contact information) of Participants and other Organizers in your class, group or affiliated Organization.
• If you are connected to an Organization on Remind Hub, Verified Administrators of that Organization may be able to join or message members of your class or group, add or update information in your Remind account profile, add, move or remove you from classes or groups affiliated with the Organization, and/or take other actions relating to your access and use of the Services through the Organization.

If you are an Organization (such as a school, school district or club):

• You are responsible for maintaining the accuracy of the information relating to your Organization. If at any time you learn that a user of the Services claims to be affiliated with your organization but is not, in fact, affiliated with your Organization, or of any other inaccuracy relating to your Organization’s information, you will remove that user from your Organization and, if appropriate, notify Remind immediately by visiting rmd.me/help.

If you purchase an Individual Plan, you are a Premium Organizer, which gives you access to premium features, such as:

• Delivering SMS messages to carriers that are blocked for free users, and
• Delivering messages with extended length.

If Remind verifies you as a Verified Administrator of your Organization, you may have the ability to perform the following tasks:

• invite and add Organizers and Participants to the Services,
• view and manage users and information affiliated with your Organization,
• add, move, or remove Organizers and Participants from classes and/or groups affiliated with your Organization,
• connect and upload or sync information relating to Organizers, Participants, classes and/or groups using a data upload or syncing mechanism (such as, using CSV upload or through integration with your School Information Systems (SIS)),
• join classes and groups created by Organizers affiliated with your Organization,
• communicate directly with other users affiliated with your Organization,
• access and manage information and User Submissions, and
• view the contact information, which will include personally identifiable information, of all Remind users connected with your school or district, as appropriate, and see which of those users received communications from your school or district.
• review the tutoring information of any participants from your school or district who are participating in Remind Tutoring pursuant to a Remind Tutoring plan you have purchased.
• IF YOU CHOOSE TO DO ANY OF THE ABOVE, YOU REPRESENT AND WARRANT THAT YOU HAVE ALL RIGHTS AND HAVE OBTAINED ALL CONSENTS AND AUTHORIZATIONS NECESSARY TO PERFORM SUCH TASKS AND THAT YOU WILL ONLY USE PERSONAL INFORMATION IN ACCORDANCE WITH APPLICABLE PRIVACY LAWS. Remind may use the information you upload to the Services in order to verify Organizers’ and Participants’ affiliations and otherwise to help us provide you with the Services.

With respect to all users of Remind, whether you are a Participant, Organizer or Organization, Premium Organizer, Verified Administrator, or Tutor:

• IF YOU INVITE OR ADD ANYONE TO USE REMIND AND/OR USE ANY FEATURE OF THE SERVICES WHICH REQUIRES SHARING PERSONAL INFORMATION OF ANYONE (INCLUDING, WITHOUT LIMITATION, IF YOU IMPORT CONTACTS FROM YOUR ADDRESS BOOK TO THE SERVICES), YOU REPRESENT AND WARRANT THAT YOU HAVE OBTAINED FREELY GIVEN, INFORMED CONSENT FROM EACH PERSON TO:
• RECEIVE SUCH INVITATION AND BE ADDED TO THE SERVICES;
• RECEIVE MESSAGES FROM REMIND, OTHER PARTICIPANTS OF THE CLASS OR GROUP, AND OTHERS WHO HAVE ACCESS TO YOUR CLASS OR GROUP (SUCH AS, ORGANIZERS AND VERIFIED ADMINISTRATORS); AND
• PROVIDE THAT PERSON'S PERSONAL INFORMATION TO REMIND.
  

As a condition to using Services, you may be required to register with Remind by selecting a password and providing your name and a valid email address. You will provide Remind with accurate, complete, and updated registration information. You may not:

• select or use the name or email of another person with the intent to impersonate that person; or
• use a name subject to any rights of any person other than you without appropriate authorization.

Remind reserves the right to refuse registration of or to cancel a Remind account in its sole discretion. You will be responsible for maintaining the confidentiality of your account and password. You may not transfer your account to anyone without express prior written consent of Remind. Violation of any of the foregoing may result in immediate termination of your account, revocation of your ability to use the Services, and may subject you to state and federal penalties and other legal consequences. Remind reserves the right, but will have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

As part of the Services, you will receive communications through the Services, including messages that Remind sends you (for example, via SMS, emails, and push notifications). When an Organizer adds a new Participant to a class or group, that Participant will receive a welcome message, instructions on how to stop receiving messages, and information on how to avoid certain charges by downloading the Remind application. Remind may inform Participants who have not replied that they will automatically be removed from the class or group. Remind may send messages regarding tutoring sessions as part of the Services. Remind may also send other administrative messages. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM REMIND AS WELL AS CLASS OR GROUP ORGANIZERS AND PARTICIPANTS, AND YOU REPRESENT AND WARRANT THAT EACH PERSON YOU INVITE AND/OR ADD HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM YOU AND REMIND. If you connect to or use any third party services in conjunction with Remind, you acknowledge and consent to receive notifications and messages from those third party services. You agree to indemnify and hold Remind harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing. To permanently cease receiving SMS text messages, please text @STOP:

• in reply to any SMS message from that class or group,
• to a Remind long-code (a phone number issued by Remind), or
• in the US, to the Remind short code 81010.

For more information see this link.

If you are located in Canada, you may opt out of receiving marketing messages (including text messages and emails); however, you may still receive text message and email communications that are necessary for the Services or otherwise exempt from anti-spam laws.

As part of the Services you may receive communications through the Services in the event of an emergency, through SMS (text messages), emails, push notifications, or phone call. An emergency meriting a message shall be determined solely by your teacher, organizer, school or district or any official designated by a school or district, or a government agency. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO RECEIVE EMERGENCY COMMUNICATIONS FROM REMIND WHENEVER IT IS DETERMINED THAT CIRCUMSTANCES MERIT THOSE COMMUNICATIONS. IF YOU ARE A TEACHER, ORGANIZER, VERIFIED ADMINISTRATOR, SCHOOL OR DISTRICT OFFICIAL YOU REPRESENT AND WARRANT THAT EACH PERSON YOU INVITE AND/OR ADD HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM YOU AND REMIND. If you connect to or use any third party services in conjunction with Remind, you acknowledge and consent to receive notifications and messages from those third party services. Because Remind does not control whether to send or not send an emergency notification, Remind is never responsible for your receipt of, or failure to receive an emergency message. Often when an emergency is suspected the individuals empowered to determine whether to send an emergency message through Remind may have incorrect or only partial information. Remind is not responsible for messages sent erroneously or for the content of any message sent as an emergency message, even when the content of that message contains information that is incomplete, confusing, or erroneous. YOU ALONE CAN DETERMINE WHAT, IF ANY, ACTIONS TO TAKE IN THE EVENT OF AN EMERGENCY OR IN RESPONSE TO AN EMERGENCY MESSAGE YOU RECEIVE THROUGH REMIND. YOU AGREE TO INDEMNIFY AND HOLD REMIND HARMLESS FOR AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING FROM OR IN ANY WAY RELATED TO YOUR RECEIPT OF EMERGENCY MESSAGES OR YOUR FAILURE TO RECEIVE AN EMERGENCY MESSAGE.

While we strongly encourage you not to, you may opt out of receiving emergency messages as SMS text messages or emails, but not phone calls. To permanently cease receiving SMS text messages, please text @STOP:

• in reply to any SMS message from that class or group,
• to a Remind long-code (a phone number issued by Remind), or
• in the US, to the Remind short code 81010. For more information see this link.

If the authorized administrator at your school or district is sharing information from the School Information System with Remind, you will receive emergency messages as phone calls to the phone number you have on record with your school or district. You will receive these phone calls even if you opt out of receiving SMS text messages on Remind. You can opt out of receiving these phone calls only by having the authorized administrator at your school or district remove your contact information from their School Information System.

You agree that you may only use the Services in accordance with Remind's Community Guidelines.

Communication on Remind should be used to support learning, and features are intended for educational uses only. Remind should not be used for personal profit or commercial purposes.

Marketing, organizing or discussing gambling, betting or gaming activities is prohibited on Remind with the exception of education-related fundraising.

All materials displayed or performed or available on the Services (including, but not limited to text, graphics, data, articles, photographs, images, illustrations, User Submissions (defined below), and so forth (all of the foregoing, the "Content")) are protected by copyright and other intellectual property laws. You may only use the Services for your own personal, non-commercial (meaning, you may not leverage the Services as a separate business) use and only in accordance with the terms of this Agreement and all laws that apply to you. Remind is not responsible for your use of the Services in any way that breaks the law. You agree you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and will not use, copy, modify, publish, distribute, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content, third party submissions or other proprietary rights not owned by you:

• without the express prior written consent of the respective owners, and
• in any way that violates anyone else's (including Remind's) rights.

You will not link to the Services without Remind's prior written consent, except in accordance with the terms of this Agreement.

In the course of using the Services, you may provide information which may be used by Remind in connection with the Services and which may be visible to certain other users. Anything you post, upload, share, store or otherwise provide through the Services are, together with any related intellectual property rights, your "User Submissions." You retain ownership of all of your User Submissions. In order to provide you with the Services, Remind needs to access and use your User Submissions in certain ways. You hereby grant Remind a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable (only to a successor) right and license to use your User Submissions for any purpose related to providing and/or improving the Services (however, Remind will only share your personally identifiable information in accordance with Remind's current Privacy Policy). Because your User Submissions may be viewed or accessed by other Remind users, you grant other Remind users a nonexclusive, worldwide, royalty -free, perpetual, irrevocable, sublicensable right and license to access, view, edit, and use your User Submissions as may be permitted through the functionality of the Services (for example, when you send a message through the Services, the recipients of your message will be able to save, copy, edit and store that message). All information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such Content originated and that Remind will not be liable for any errors or omissions in any Content. Remind cannot guarantee the identity of any other users you may interact with in the course of using the Services. Additionally, Remind cannot guarantee the authenticity of any information that users may provide about themselves. You acknowledge that all Content accessed by you while using Remind is at your own risk and you will be solely responsible for any resulting damage or loss.

Under no circumstances will Remind be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with your use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

As we explain in our Privacy Policy, if Remind knows or becomes aware of a security breach of its users' personally identifiable information, Remind will notify affected users or post a notice on the Services as required by applicable law(s).

You warrant, represent and agree that you will not contribute any Content or otherwise use (or encourage anyone else to use) the Services in a manner that:

• infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any other third party;
• violates any law, statute, ordinance or regulation;
• is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable as reasonably determined by Remind;
• jeopardizes the security of your account in any way, such as allowing someone else access to your account or password;
• attempts, in any manner, to obtain the password, account, or other security information from any other user;
• violates the security of any computer network, or cracks any passwords or security encryption codes;
• runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
• "crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
• copies or stores any significant portion of the Content;
• decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services (or the products of Remind's third party service providers); or
• transfers, communicates, exchanges, trades or sells personal health information ("PHI") as that term is defined by the Health Insurance Portability and Accountability Act of 1996 as Remind should not be used for exchanging PHI;

Remind reserves the right to terminate access of any third party application or service to our published or unpublished APIs.

Remind reserves the right (but does not have the obligation) to remove any Content from the Services at any time, for any reason (including, but not limited to, if we receive claims or allegations from individuals, companies or authorities relating to that Content or if Remind is concerned that you may have breached the foregoing restrictions), or for no reason at all. You, not Remind, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise provide using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such Content to Remind and to grant Remind the rights to use such information as provided herein.

You will be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You will be responsible for ensuring that such equipment or ancillary services are compatible with the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

Under American copyright law, the Digital Millennium Copyright Act (the "DMCA"), online service providers such as Remind have the right, but not the obligation, to remove material that allegedly violates someone's copyright. We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. To learn more about the DMCA, click here.

Under Canadian copyright laws, Remind is required to forward any notice from a copyright owner to a Remind user located in Canada if the copyright has notified Remind in accordance with the requirements under the Canadian Copyright Act.

The Services may contain links to third party websites, products or services that are not owned or controlled by Remind ("Third Party Services"). When you access Third Party Services, you do so at your own risk. Remind encourages you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service that you visit or use.

Remind has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, Remind will not and cannot monitor, verify, censor or edit the content of any Third Party Services. By using the Services, you expressly relieve and hold harmless Remind from any and all liability arising from your use of any Third Party Services.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. You agree that Remind will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between Remind users, or between Remind users and any third party, you understand and agree that Remind is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Remind, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you will and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Remind has no special relationship with or fiduciary duty to you. You acknowledge that Remind has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Remind from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites or services containing, information that some people may find offensive or inappropriate. Remind makes no representations concerning any content contained in or accessed through the Services, and Remind will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Remind makes no representations, warranties, or conditions regarding suggestions or recommendations of services or products (including Content provided by users) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) the Services are provided AS IS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, FROM REMIND OR ANYONE ELSE. THE SERVICES, CONTENT, AND ANY SOFTWARE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

You will indemnify, defend and hold Remind, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL REMIND OR ITS SUPPLIERS OR ITS SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY:

• FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU TO REMIND HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM;
• FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER;
• FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR
• FOR ANY MATTER BEYOND REMIND'S REASONABLE CONTROL.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

This Agreement will remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by deleting your account in your account settings tab or by contacting us at rmd.me/help. Note, if you become a Participant through an Organization, and you request that Remind delete your account, Remind may notify the Organization (and the Organizers of the classes or groups you are in of your deletion request. Remind may disable or terminate your access to the Services or your account at any time, for any reason (for your violation of any term of this Agreement or without cause), and without warning or notice, which may result in the forfeiture of all information associated with your account. Upon termination of your account, your right to use the Services and any Content will immediately cease; however, Remind may retain messaging data or other data and information pursuant to this Agreement, as necessary for auditing purposes, and as required by law. Computer deletion is not an instantaneous process. If you choose to terminate your account, all data will be rendered unavailable to you immediately and your data will be deleted over time as is true of all computer deletion everywhere. Remember that communications with others in which you participated will remain available to those other users. All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof, unless a state's laws explicitly require that any legal disputes are governed by the laws of that state. Any dispute arising from or relating to the subject matter of this Agreement will be finally settled in small claims court or by arbitration in San Francisco, California or in a location that is reasonably convenient for you, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who will be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. If you cannot afford or otherwise do not want to pay arbitration filing, administrative, hearing and/or other fees and cannot obtain a waiver of fees, we will consider in good faith any request by you for us to bear the cost of those fees. We will pay any administration fee, arbitration fees and fees and charges of attorneys, experts and witnesses if and to the extent we are required to pay such fees and charges by law or in order to make this arbitration provision enforceable. By agreeing to these terms, you acknowledge that you may not participate in a class action in court or in arbitration, either as a class representative, class member or class opponent. ACCORDINGLY, YOU ACKNOWLEDGE THAT YOU MAY NOT HAVE ACCESS TO A COURT (OTHER THAN A SMALL CLAIMS COURT) OR TO A JURY TRIAL. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. Remind will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Remind's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with Remind's prior written consent. Remind may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Services will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Remind in any way whatsoever.

It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglaise

Updated November 10, 2023