These Terms of Service (the “Agreement”) govern access to and use of the Dropback software and services (collectively, the “Services”) as provided by FanCave, Inc. (“Dropback,” “we,” “our,” or “us”) to the individual or entity accepting these terms (“Customer,” “you,” or “your”).
By purchasing, accessing, or using the Services, you agree to be bound by this Agreement and confirm that you have read, understood, and agreed to these Terms. The “Effective Date” of this Agreement is the earlier of (a) the date you first access or use the Services, or (b) the date you complete payment for a subscription.
Subject to this Agreement and your payment of applicable fees, Dropback grants you a non-exclusive, non-transferable right to access and use the Services during the subscription term.
We will provide reasonable technical support via email or in-app channels during business hours.
You are responsible for maintaining the security of your account credentials and all activity under your account.
We reserve the right to suspend or terminate access if you violate these terms.
You retain ownership of all Customer Data provided through your use of the Services. We do not sell Customer Data to third parties. We jointly retain rights to use, display, and analyze Customer Data for internal purposes and improvement of the Services.
We implement reasonable administrative, physical, and technical safeguards to protect Customer Data. By using the Services, you consent to our collection, use, and disclosure of data as described here, including for analytics, troubleshooting, support, and product improvement.
Dropback implements security controls consistent with NIST standards, including encryption of Customer Data at rest and in transit. Dropback will promptly notify Customer in accordance with applicable law if we become aware of any unauthorized access to or disclosure of Customer Data, and will cooperate in reasonable remediation efforts.
If Customer is an educational institution subject to the Family Educational Rights and Privacy Act (FERPA), Dropback agrees to comply with applicable FERPA requirements in its handling of Education Records and shall act as a “school official” with a legitimate educational interest as defined under FERPA.
Upon termination, we will retain Customer Data for a period of thirty (30) days to allow for data export. Thereafter, we may delete or archive such data.
The Services are billed monthly in advance through a third-party subscription billing platform. By providing payment information, you authorize automatic recurring charges.
We may update pricing with at least fourteen (14) days’ prior notice. Continued use after such notice constitutes acceptance.
You are responsible for all taxes and duties except those based on our income.
Failure to pay may result in suspension or termination of access. Past-due amounts may incur a 1.5% monthly interest charge or the maximum permitted by law.
This Agreement remains in effect until terminated by either party.
Either party may terminate with written notice if the other materially breaches this Agreement and fails to cure within thirty (30) days.
Sections related to fees, confidentiality, data rights, disclaimers, indemnity, and limitations of liability will survive termination.
Each party agrees to protect any confidential or proprietary information disclosed under this Agreement with the same level of care as it uses for its own similar information, and not less than reasonable care. This includes but is not limited to product information, business plans, and Customer Data.
Dropback retains all rights, title, and interest in the Services, software, documentation, and all enhancements thereto. Any feedback you provide may be used by us without restriction or compensation.
You agree to indemnify and hold Dropback, its affiliates, and personnel harmless from any claim, liability, loss, or expense (including attorneys’ fees) arising out of your misuse of the Services, violation of this Agreement, or infringement of any third-party rights.
The Services are provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free service. However, Dropback warrants that it will perform the Services with reasonable care and skill consistent with industry standards.
To the maximum extent permitted by law, Dropback’s total cumulative liability arising out of or related to this Agreement will not exceed the total fees paid by you in the twelve (12) months preceding the event giving rise to the claim. We are not liable for indirect, incidental, consequential, or punitive damages, even if advised of the possibility.
This Agreement is governed by the laws of the State of Delaware, without regard to its conflict of laws principles. All disputes will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware.
In the event of any conflict or inconsistency between these Terms of Service and any separate agreement entered into between Company and Customer, the terms of the signed agreement shall prevail.
No waiver or modification is valid unless in writing and signed by both parties.
If any provision is unenforceable, the remainder will continue in full force.
You may not assign this Agreement without our prior written consent.
You grant Dropback the right to use the name and logo of the business, institution, or organization on whose behalf you are using the Services in its customer lists and marketing materials, including on its website and in presentations, solely to identify that entity as a customer of the Services.
Front office software for college sports.
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