Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of Paxaver, a school community platform operated by Smartoire ("we," "us," or "our"). By creating an account, accessing, or using Paxaver in any way, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a school, organization, or group, you represent that you have the authority to bind that entity. If you do not agree with any part of these Terms, you must not access or use the service.

2. Eligibility and Accounts

Paxaver is designed for use by schools, Parent Advisory Committees (PACs), parents, guardians, and authorized school community members. You must be at least 18 years of age or have the legal capacity to enter into a binding agreement to create an account. When you register, you must provide accurate, current, and complete information and keep your account credentials confidential. You are responsible for all activity that occurs under your account and must promptly notify us of any unauthorized use or security breach. Schools and PACs are responsible for managing user roles and access within their organization and for ensuring that individuals granted access are authorized to act on behalf of the school community.

3. Subscriptions, Billing, and Payments

Paxaver is offered on an annual subscription basis with per-school pricing. Subscription fees, billing cycle, and included features are described on your order confirmation or within the platform. By subscribing, you authorize us to charge the applicable subscription fees to your designated payment method through Stripe, our payment processor. Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date.

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period, and no refunds are provided for partial billing periods unless required by applicable law. Transaction fees for payment processing, where applicable, are non-refundable once a transaction has been completed. We may adjust subscription fees upon renewal with at least 30 days' prior notice.

Paxaver integrates with Stripe for all payment processing, including subscription billing, hot lunch orders, fundraising donations, event tickets, and merchandise sales. Schools and PACs may use Stripe Connect accounts to receive funds directly from transactions processed through the platform. Smartoire facilitates the connection between users and Stripe but is not a party to the payment relationship between you and Stripe. Transaction fees charged by Stripe and any platform fees are disclosed at the time of transaction. You are responsible for complying with Stripe's terms of service and for any tax obligations arising from transactions processed through Paxaver. Disputes regarding payments should be directed to Stripe in accordance with their dispute resolution process.

4. User Content

You retain all ownership rights to content you submit, post, or upload to Paxaver, including event details, announcements, merchandise listings, and communications ("User Content"). By submitting User Content, you grant Smartoire a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and process your content solely as necessary to operate and improve the service. You represent that you have all necessary rights to submit your User Content and that it does not violate the rights of any third party.

We reserve the right to moderate, remove, or restrict access to User Content that we believe violates these Terms or is harmful to the community, without prior notice. We are not liable for the accuracy or appropriateness of User Content posted by users, and we do not endorse any content posted on the platform.

5. School Master and PAC Roles

Each school on Paxaver has a designated School Master who serves as the primary administrator with full control over the school's account, settings, and user management. PAC members may be granted administrative privileges by the School Master to manage specific modules such as hot lunch, fundraising, events, volunteers, and merchandise. School Masters are responsible for approving and overseeing PAC role assignments and for ensuring that all activities conducted under the school's account comply with these Terms and applicable school district policies. Smartoire is not responsible for disputes between school administrators and PAC members regarding access or role assignments, and such disputes should be resolved internally by the school.

6. Acceptable Use and Prohibited Activities

You agree not to submit content that is unlawful, defamatory, harassing, infringing, or otherwise objectionable, and not to use Paxaver to engage in any unlawful, harmful, fraudulent, or abusive activity.

Prohibited uses include, but are not limited to: harassing, threatening, or defaming other users; committing fraud or misrepresenting transactions; attempting to gain unauthorized access to the platform, other users' accounts, or our systems; using bots, scrapers, or automated tools to access or collect data from the service; distributing malware, viruses, or other malicious code; interfering with the proper functioning of the service; circumventing payment processing or transaction fees; and using the platform for any purpose that violates applicable laws or school district policies. Violations may result in immediate suspension or termination of your account and may subject you to legal liability.

7. Intellectual Property

Paxaver, including its name, logo, design, software, features, and all associated content, is the intellectual property of Smartoire and is protected by copyright, trademark, and other applicable laws. These Terms do not grant you any right, title, or interest in Paxaver or its intellectual property other than the limited license to use the service in accordance with these Terms. You may not copy, modify, distribute, or create derivative works based on Paxaver without our prior written consent. All trademarks, service marks, and trade names displayed on the platform are the property of their respective owners.

8. Privacy

Your use of Paxaver is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the service, you consent to the data practices described in the Privacy Policy, which is incorporated into these Terms by reference.

9. Disclaimers and Limitation of Liability

Paxaver is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the service will be uninterrupted, error-free, secure, or that all transactions will be processed without issue. You use the platform at your own risk.

To the maximum extent permitted by applicable law, Smartoire and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, data, or goodwill, arising out of or related to your use of Paxaver. Our aggregate liability for all claims arising from these Terms or your use of the service shall not exceed the amount you paid to Smartoire in the twelve months preceding the claim. This limitation does not apply to liabilities that cannot be limited under applicable law.

10. Indemnification

You agree to indemnify and hold harmless Smartoire, its officers, directors, employees, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or in connection with your use of Paxaver, your violation of these Terms, your violation of any third-party rights, or any User Content you submit to the platform. We reserve the right to assume the exclusive defense of any matter subject to indemnification by you, and you will cooperate with us in asserting available defenses.

11. Termination

We may suspend or terminate your access to Paxaver at any time, with or without cause or notice, if we believe you have violated these Terms or for any other operational or security reason. You may cancel your account at any time by contacting support or through your account settings. Upon termination, all licenses granted to you under these Terms immediately cease.

Following termination, we will retain your data for a reasonable period to allow for data export and to comply with legal, accounting, and tax obligations, after which it will be deleted or anonymized. Schools are encouraged to export their data prior to termination. Provisions of these Terms that by their nature should survive termination, including intellectual property, disclaimers, limitation of liability, and indemnification, shall remain in effect.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles. You and Smartoire agree to the exclusive jurisdiction of the courts of British Columbia for the resolution of any dispute arising out of or relating to these Terms or your use of Paxaver, except that Smartoire may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

13. Changes to Terms

We may modify these Terms from time to time. When we make material changes, we will notify you by email or through a prominent notice within the service at least 30 days before the changes take effect. Your continued use of Paxaver after the effective date of any revised Terms constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the service and cancel your subscription. We encourage you to review these Terms periodically.

14. General Provisions

Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Entire Agreement. These Terms, together with the Privacy Policy and any other agreements referenced herein, constitute the entire agreement between you and Smartoire regarding your use of Paxaver. Assignment. You may not assign or transfer these Terms without our prior written consent; Smartoire may assign these Terms freely in connection with a merger, acquisition, or sale of assets.

No Waiver. Our failure to exercise or enforce any right or provision of these Terms is not a waiver of that right or provision. Force Majeure. We are not liable for any delay or failure to perform our obligations due to events beyond our reasonable control, including natural disasters, labor disputes, internet or telecommunications failures, or other similar circumstances. Relationship. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and Smartoire.

15. Contact Us

If you have questions or concerns about these Terms of Service, please contact us at support@paxaver.com, or use the feedback link in the footer.