Terms of Service

Last updated: May 19, 2026 · Effective: May 19, 2026

These Terms of Service ("Terms") govern your access to and use of Shmiras Hasdorim (the "Service"), operated by Shmirashasdorim LLC, a Pennsylvania limited liability company ("we," "us," "our").

1. Acceptance of Terms

By creating an account, subscribing, or using the Service, you accept these Terms and our Privacy Policy. If you do not agree, do not use the Service. If you accept on behalf of a school or other organization, you represent that you have authority to bind that organization, and "you" includes that organization.

2. Definitions

  • School — the educational institution that subscribes to the Service.
  • School Data — content the School or its users upload, enter, or generate using the Service, including student names, attendance records, and contacts.
  • Aggregate Data — statistical or de-identified data derived from School Data that does not identify any individual.
  • Authorized Users — admins, markers, viewers, and other staff or students whom the School authorizes to use the Service.

3. Description of Service

Shmiras Hasdorim is a software-as-a-service application that helps schools mark, review, and report student attendance. Features include attendance marking, excuse-rule management, parent contact management, scheduled email reports, optional AI-assisted tools, and related administrative functions. Features may change over time at our sole discretion.

4. Account Registration and Security

You agree to provide accurate registration information, keep credentials confidential, and accept responsibility for all activity under your account. You must enable two-factor authentication when prompted. Accounts may not be shared across multiple individuals; each Authorized User must have a separate login. You must notify us promptly at support@shmirashasdorim.com of any suspected unauthorized access.

5. Subscription, Trials, and Payment

Plans are billed in advance on a monthly or annual cycle as selected at signup. Free trials, if offered, automatically convert to a paid plan at the end of the trial period unless cancelled before the trial ends. Payments are processed by our third-party provider (Stripe). All fees are exclusive of taxes; you are responsible for any sales, use, or VAT taxes imposed on the transaction.

We may change pricing for renewals at our discretion. We will give you at least 30 days' written notice by email before any price increase takes effect. Continued use after the increase constitutes acceptance.

6. Renewals, Cancellation, and Refunds

Subscriptions renew automatically until cancelled. You may cancel at any time from your billing settings; cancellation takes effect at the end of the current paid period and you retain access until then.

Fees are non-refundable, except (a) where required by applicable law, or (b) if we cancel your subscription for our convenience mid-period, in which case we will pro-rate a refund of unused time. Failed payment after a grace period of 7 days may result in suspension; data is retained for 60 days during suspension before deletion.

7. School Data and Parental Consent

The School controls all School Data and decides what to upload. We act solely as a service provider (data processor) following the School's instructions. The School is solely responsible for obtaining all consents required by applicable law from students, parents, legal guardians, or any other party before entering data into the Service. This includes, without limitation:

  • Parental consent under the U.S. Children's Online Privacy Protection Act ("COPPA") for any student under 13 years of age
  • School-official designations under the Family Educational Rights and Privacy Act ("FERPA") and any state-equivalent
  • Consent to send emails to parent contacts
  • Notice of data processing under GDPR, PIPEDA, or any similar law if any of your students or staff reside outside the United States

You agree to indemnify and hold us harmless from any claim arising out of your failure to obtain a required consent, your retention of data beyond what your school's record-retention policy permits, or your processing of School Data in violation of applicable law.

8. Minors Under 13

The Service is not directed to children under 13. We do not knowingly collect personal information directly from children under 13. By entering data about a student under 13, the School represents that it has obtained verifiable parental consent meeting the requirements of COPPA. If we learn that a child under 13 has registered without verified parental consent, we will delete the account and associated data.

9. Use of Aggregate and De-identified Data

We may use Aggregate Data — including statistical patterns, attendance trends, usage metrics, and other data from which all personally-identifying information (such as names, last names, email addresses, and student IDs) has been removed — for any lawful purpose, including:

  • Improving and optimizing the Service
  • Developing new products, features, or services (including projects unrelated to attendance management)
  • Producing reports, benchmarks, research, or industry analyses
  • Sharing with third parties (e.g., research partners, analytics providers, or business partners)
  • Marketing the Service, provided no individual School or person is identifiable

We will not share School Data containing personally identifiable information with third parties except as needed to operate the Service, when compelled by law, or with the School's consent. Aggregate Data is owned by us; you grant us a perpetual, irrevocable, worldwide, royalty-free license to derive and use Aggregate Data as described in this Section.

10. Subprocessors

To provide the Service, we use the following subprocessors:

  • Supabase — database, authentication, file storage
  • Vercel — application hosting and content delivery
  • Cloudflare — DNS, email routing, network security
  • Resend — transactional and report email delivery
  • Stripe — payment processing
  • Anthropic — AI assistance for optional AI-powered features (only when those features are used)

We will give 30 days' notice of material changes to this list by email or in-app notification.

11. AI-Powered Features

The Service may include optional AI-powered features (e.g., natural-language attendance commands, anomaly detection, automated suggestions). AI output is generated by large language models and may contain errors, omissions, or hallucinations. You are responsible for reviewing AI output before relying on it for any decision affecting a student. AI features are not advice and not a substitute for professional judgment. We are not liable for actions taken in reliance on AI output.

12. Acceptable Use

You agree not to:

  • Use the Service to violate any law or third-party right
  • Probe, scan, or break the security of the Service
  • Reverse-engineer, decompile, or extract source code
  • Scrape, automate, or systematically extract data beyond the documented APIs
  • Use the Service to send spam or unsolicited communications to parents
  • Resell, sublicense, or white-label the Service without our written permission
  • Abuse the AI features (e.g., prompt injection, attempting to extract other tenants' data)
  • Use the Service to upload malware, illegal content, or content that infringes intellectual property

13. Beta Features

We may make features available marked "Beta," "Experimental," or similar. Beta features are provided as-is, may be removed at any time, and are not subject to any uptime or support commitments.

14. Suspension and Termination

We may suspend or terminate your access if you materially breach these Terms, fail to pay amounts owed, or use the Service in a way that threatens other users or the platform. We will give reasonable notice when practical. You may terminate at any time from your billing settings.

On termination: (a) you may export your School Data within 30 days using the in-app export tools; (b) after 30 days we may delete School Data; (c) Sections 7–10, 15–17, and 21–24 survive termination.

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE. WE DO NOT WARRANT THAT DATA WILL NOT BE LOST. YOU ARE RESPONSIBLE FOR EXPORTING YOUR DATA AND MAINTAINING YOUR OWN BACKUPS.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY. OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) USD $100, OR (B) THE FEES YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES IN AGGREGATE, NOT PER CLAIM.

17. Indemnification

You agree to defend, indemnify, and hold us, our affiliates, and our officers, employees, and agents harmless from any claim, demand, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of or relating to: (a) your breach of these Terms; (b) your violation of any law or third-party right; (c) your failure to obtain any required consent for School Data, including parental consent for any student under 13; (d) the content of any School Data you submit; or (e) any dispute between you and a parent, student, or staff member.

18. Force Majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, war, terrorism, riots, government action, fire, flood, pandemic, internet or third-party-provider outages, or denial-of-service attacks.

19. Changes to These Terms

We may update these Terms from time to time. Material changes will be announced in-app and by email at least 30 days before taking effect. Continued use of the Service after the effective date constitutes acceptance. If you do not accept the updated Terms, your sole remedy is to cancel before the effective date.

20. Governing Law and Jurisdiction

These Terms are governed by the laws of the Commonwealth of Pennsylvania, United States, without regard to conflict-of-law rules. Subject to Section 21 (arbitration), any dispute that proceeds in court will be brought exclusively in the state or federal courts located in Pennsylvania, and you consent to the personal jurisdiction of those courts.

21. Dispute Resolution: Arbitration and Class Waiver

Any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in Philadelphia, Pennsylvania (or remotely if the parties agree), in English, by a single arbitrator. Judgment on the award may be entered in any court having jurisdiction.

You and we each waive any right to bring or participate in a class action, class arbitration, or representative action. Disputes must be brought individually. If this class waiver is held unenforceable, the entire arbitration provision will be null and void.

You may opt out of this arbitration provision within 30 days of first accepting these Terms by emailing support@shmirashasdorim.com with the subject "Arbitration Opt-Out" and including your name and account email.

22. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

23. Entire Agreement

These Terms, together with our Privacy Policy and any order form or supplemental terms we present at signup, constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous agreements, communications, or representations.

24. Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms freely, including to an affiliate or successor in connection with a merger, acquisition, or sale of assets.

25. Notices

We may give notice to you by email to the address associated with your account, by in-app message, or by posting to our website. You may give notice to us at support@shmirashasdorim.com. Notices are effective on receipt.

26. Contact

Questions about these Terms? Email support@shmirashasdorim.com.

Operator: Shmirashasdorim LLC, a Pennsylvania limited liability company · Pennsylvania, United States · support@shmirashasdorim.com