Terms of Service

These Terms of Service ("Terms") are an agreement between Silk Road Merchants LLC ("we", "us", "our") and the martial arts school or organization that subscribes to MartialCRM ("Customer", "you"). They cover the MartialCRM school management service at app.martialcrm.com (the "Service") and the martialcrm.com website (the "Website"). By using the Service, or by signing an order for it, you agree to these Terms. If you accept them on behalf of an organization, you confirm that you are authorized to do so.

1. The Service

MartialCRM is web-based software that helps martial arts schools manage students, leads, membership agreements, attendance, ranks, testing and reports. We may improve, change or add features over time. We will not materially reduce the core functions of the Service during a paid subscription term without telling you first.

The Service is a record-keeping tool. It does not process payments, give legal, tax or medical advice, or replace your own judgment about your students' safety and readiness.

2. Accounts and users

We set up your school, branches and staff accounts. You are responsible for the people you authorize to use the Service, for the roles you give them, and for everything done under their accounts. Keep passwords confidential, use a separate account for each person, and tell us promptly if you suspect an account has been misused. Check-in kiosk accounts may be used only to run the kiosk.

So that we can support you, our staff may view the Service as one of your users ("View As"). These sessions are logged, and we use them only to help you, keep the Service secure or meet legal obligations.

3. Your data

You own the information you and your users put into the Service ("Customer Data"). You give us permission to host, store, copy, display and process Customer Data only as needed to provide, secure and support the Service for you. We handle Customer Data as described in our Privacy Policy and do not sell it or use it for advertising.

You are responsible for Customer Data and for having the right to collect it and use it in the Service. This includes giving any notices and getting any consents the law requires, such as parental consent for information about children, and consent for medical information and photos.

If you send email or newsletters through the Service, you are the sender. You are responsible for having permission to email each recipient, for honoring requests to stop receiving email, and for including what the law requires, such as your school's postal address and a way to unsubscribe in marketing email.

4. Acceptable use

You agree not to, and not to let anyone else:

• use the Service in a way that breaks any law or anyone's rights;
• upload malicious code, or content you have no right to store;
• send spam, or email that breaks anti-spam or privacy laws such as the CAN-SPAM Act;
• try to get into accounts, data or systems you are not authorized to access, or test the Service's security without our written permission;
• interfere with the Service, overload it, or scrape it with automated tools;
• copy, resell, reverse engineer or build a competing product from the Service.

We may suspend access that we reasonably believe threatens the Service, other customers or the public. We will tell you, and restore access once the issue is resolved.

5. Fees and billing

You agree to pay the fees for your plan as shown on our pricing page or in your order, including any additional manager or assistant accounts and any extra storage. Plans are billed annually unless your order says otherwise, and invoices are sent separately. Fees do not include taxes, which you are responsible for. Except where these Terms or the law say otherwise, fees are not refundable. If an invoice is more than 30 days overdue, we may suspend the Service after giving you notice. We may change prices for a future term by giving you at least 30 days' notice before that term starts.

6. Third-party services

Some optional features connect to services run by others. For example, a manager may link a Gmail or Outlook mailbox. Your use of those services is governed by their own terms, and email sent through a connected mailbox is subject to that provider's sending limits. We are not responsible for them, and we may need to change or remove an integration if the provider changes or withdraws it.

7. Support and availability

We provide support by email and through our contact form, and we work to keep the Service available and secure. The Service may sometimes be unavailable for maintenance, upgrades or reasons outside our control. We try to schedule planned maintenance outside typical school hours. We back up the Service daily, but you are responsible for keeping any copies of reports or records you need for your own purposes.

8. Term and termination

Your subscription runs for the term in your order. Either party may end it at the end of a term by telling the other party in advance, and either party may end it sooner if the other materially breaches these Terms and does not fix the breach within 30 days of notice. Before your subscription ends, you can print and export your reports, and we will reasonably help you obtain a copy of your records. After it ends, we delete Customer Data as described in our Privacy Policy.

9. Our intellectual property

The Service, the Website, the MartialCRM name and logo, and all related software and content belong to Silk Road Merchants LLC or its licensors. These Terms give you the right to use the Service during your subscription, and no other rights. If you send us suggestions, we may use them without any obligation to you.

10. Disclaimers

Apart from the commitments in these Terms, the Service and the Website are provided "as is" and "as available". To the fullest extent the law allows, we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free.

11. Limitation of liability

To the fullest extent the law allows, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if it was told they were possible. Each party's total liability arising out of these Terms will not exceed the fees you paid for the Service in the 12 months before the event that gave rise to the claim. These limits do not apply to your payment obligations, to your obligations under section 12, or to liability that cannot be limited by law.

12. Indemnity

You will defend and indemnify Silk Road Merchants LLC against third-party claims arising from Customer Data, from your use of the Service in breach of these Terms or the law, or from your relationship with your students and their families.

13. Using the Website

You may browse the Website and use its content for your own information. Please do not copy it for commercial use, scrape it, or misuse the contact form. Prices and features described on the Website may change, and your order governs your subscription. Links to other websites are provided for convenience, and we are not responsible for their content.

14. Governing law

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of law rules. Any dispute will be brought only in the state or federal courts located in Massachusetts, and both parties agree to the jurisdiction of those courts.

15. General

We may update these Terms from time to time. We will post the new version here with a new effective date and, for significant changes, notify customers at least 30 days before they take effect. Continuing to use the Service after that date means you accept the updated Terms. If any part of these Terms is found unenforceable, the rest stays in effect. Failing to enforce a right is not a waiver of it. You may not transfer these Terms without our written consent. We may transfer them as part of a merger, acquisition or sale of assets. These Terms, your order and our Privacy Policy are the entire agreement between us about the Service. If an order and these Terms conflict, the order wins for that subscription.

Questions about these Terms? Use our contact form.