Terms & Conditions

1. Definitions

• "App" means the Vigilant Church web and mobile application, including all features, tools, and related services.
• "Account" means the registered profile created to access the App.
• "Authorized Users" means individuals, including church security team members, volunteers, and administrators, authorized by the Customer to access and use the App under the Customer's subscription.
• "Customer Data" means all data, content, and information submitted by Customer or its Authorized Users through the App, including incident reports, schedules, checklist responses, and related materials.
• "Subscription" means the paid plan selected by Customer granting access to the App for the applicable subscription term.
• "Subscription Term" means the period during which Customer has an active Subscription, as specified at the time of purchase.

2. Eligibility and Account Registration

2.1 Eligibility

The App is intended for use by church organizations and their authorized security personnel. By using the App, you represent that:

• You are at least 18 years of age.
• You have the legal authority to enter into these Terms on behalf of yourself or your organization.
• Your use of the App complies with all applicable laws and regulations.

2.2 Account Registration

You must create an Account to access the App. When registering, you agree to provide accurate, current, and complete information and to keep that information updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account. You must notify us immediately at contact@vigilantchurch.com if you suspect unauthorized access to your Account.

2.3 Administrator Accounts

Church administrators who manage team accounts are responsible for ensuring that all Authorized Users comply with these Terms, managing user access and permissions, and revoking access for individuals who are no longer authorized.

3. Subscriptions and Payment

3.1 Subscription Plans

Access to the App requires a paid Subscription. Available plans, pricing, and included features are described at www.vigilantchurch.com and may be updated from time to time. We will provide reasonable notice of any changes to pricing before they take effect.

3.2 Billing and Payment

By subscribing, you authorize us to charge your designated payment method for all fees due. Unless otherwise stated:

• Subscriptions are billed in advance on a recurring basis, monthly or annually as selected.
• All fees are in U.S. dollars and are non-refundable except as expressly stated in Section 3.5.
• You are responsible for all applicable taxes, and we may add taxes to your invoice as required by law.

3.3 Automatic Renewal

Subscriptions automatically renew at the end of each Subscription Term unless you cancel before the renewal date. We will send a renewal reminder prior to billing. You can manage or cancel your Subscription through your Account settings or by contacting us at contact@vigilantchurch.com.

3.4 Failed Payments

If a payment fails, we will notify you and may attempt to re-process the charge. If payment is not received within ten days of the due date, we reserve the right to suspend or terminate your access to the App until payment is received in full.

3.5 Refunds

All fees are non-refundable, except as follows:

• If you cancel within fourteen days of your initial Subscription purchase and have not meaningfully used the App, you may request a full refund.
• If the App experiences a material service outage of more than 72 consecutive hours during your Subscription Term and we are responsible, you may be eligible for a pro-rated credit at our discretion.
• To request a refund, contact us at contact@vigilantchurch.com within the applicable window. Refund determinations are made at our sole discretion.

3.6 Cancellation

You may cancel your Subscription at any time. Cancellation takes effect at the end of the current Subscription Term. You will retain access to the App through the end of the paid period. Cancellation does not entitle you to a refund for any unused portion of your Subscription Term except as set out in Section 3.5.

4. License and Permitted Use

4.1 License Grant

Subject to your compliance with these Terms and payment of applicable fees, Vigilant Church grants you a limited, non-exclusive, non-transferable, revocable license to access and use the App solely for your internal church security operations during the Subscription Term.

4.2 Restrictions

You agree not to:

• Copy, modify, distribute, sell, sublicense, or create derivative works based on the App.
• Reverse engineer, decompile, or attempt to extract the source code of the App.
• Access the App to build a competitive product or service.
• Use the App for any unlawful purpose, including in violation of any applicable law or regulation.
• Use the App to harass, threaten, defame, or harm any individual.
• Introduce malware, viruses, or other harmful code.
• Share, resell, or provide access to the App to any person or organization not authorized under your Subscription.
• Attempt to gain unauthorized access to any part of the App or its infrastructure.

4.3 Acceptable Use for Security Operations

The App is designed to support lawful, faith-based security operations. You agree to use the App:

• In compliance with all applicable federal, state, and local laws governing security operations, use of force, and data privacy.
• In accordance with the policies and procedures of your church organization.
• Only for legitimate church security coordination activities, including incident reporting, scheduling, and safety planning.

5. Customer Data

5.1 Ownership

You retain all ownership and intellectual property rights in and to your Customer Data. Vigilant Church does not claim any ownership over Customer Data.

5.2 License to Customer Data

By submitting Customer Data to the App, you grant Vigilant Church a limited, non-exclusive license to access, process, store, and use Customer Data solely to provide and operate the App for you, improve and develop the App, and comply with applicable law. This license terminates when your Subscription ends and your data has been deleted in accordance with our data retention practices.

5.3 Data Accuracy and Responsibility

You are solely responsible for the accuracy, legality, and appropriateness of Customer Data. Vigilant Church is not responsible for errors or omissions in Customer Data, or for any consequences resulting from reliance on such data.

5.4 Sensitive Incident Data

The App may be used to record sensitive incident information, including descriptions of security events, individuals involved, and emergency responses. You acknowledge that:

• Incident data may have legal and evidentiary significance and should be maintained with appropriate care.
• You are responsible for ensuring that your use of the App in connection with security incidents complies with applicable laws, including those governing duty of care, mandatory reporting, and records retention.
• Vigilant Church does not provide legal advice regarding your obligations in connection with any incident.

5.5 Data Portability and Deletion

Upon request, we will provide you with an export of your Customer Data in a commonly used format within thirty days. Upon termination of your Subscription, we will delete your Customer Data within ninety days, unless we are required by law to retain it longer. You may request expedited deletion by contacting contact@vigilantchurch.com.

6. Intellectual Property

6.1 Vigilant Church Property

All intellectual property rights in the App, including software, design, trademarks, logos, documentation, and underlying technology, are owned by or licensed to Vigilant Church. Nothing in these Terms transfers any intellectual property rights to you, other than the limited license described in Section 4.1.

6.2 Feedback

If you provide suggestions, ideas, or feedback regarding the App, you grant Vigilant Church an irrevocable, perpetual, royalty-free license to use, incorporate, and commercialize that feedback without any obligation to you.

7. Confidentiality

Each party agrees to keep confidential any non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. Each party shall use Confidential Information only to perform its obligations or exercise its rights under these Terms, and shall protect such information using at least the same standard of care it uses to protect its own confidential information, but no less than reasonable care. This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, was already known to the receiving party, or is required to be disclosed by law, provided the receiving party gives the disclosing party prompt prior notice where legally permissible.

8. Availability, Modifications, and Support

8.1 Service Availability

We aim to make the App available 24 hours a day, 7 days a week, but we do not guarantee uninterrupted or error-free availability. We may perform scheduled maintenance, which we will endeavor to schedule during off-peak hours with advance notice.

8.2 Modifications to the App

We may update, modify, or discontinue features of the App at any time. We will provide reasonable advance notice of material changes. Your continued use of the App following any modification constitutes your acceptance of the modified App.

8.3 Support

Customer support is available via email at contact@vigilantchurch.com. We will use commercially reasonable efforts to respond to support requests within two business days.

9. Privacy

Our collection and use of personal information is governed by our Privacy Policy, available at www.vigilantchurch.com/privacy, which is incorporated into these Terms by reference. By using the App, you consent to the data practices described in the Privacy Policy.

10. Disclaimers

10.1 No Security Guarantee

The App is a coordination and organizational tool for church security teams. It is not a substitute for trained security personnel, emergency services, law enforcement, or professional security advice. Vigilant Church makes no warranty that use of the App will prevent or reduce any incident, injury, or harm.

10.2 Disclaimer of Warranties

The App is provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permitted by law, Vigilant Church disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, secure, or free of viruses or other harmful components.

11. Limitation of Liability

To the fullest extent permitted by applicable law, Vigilant Church shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, revenue, data, goodwill, or business opportunities, even if Vigilant Church has been advised of the possibility of such damages.

Vigilant Church's total cumulative liability to you arising out of or related to these Terms or the App, whether in contract, tort, or otherwise, shall not exceed the greater of the total fees paid by you to Vigilant Church in the twelve months immediately preceding the event giving rise to the claim, or one hundred U.S. dollars.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability is limited to the maximum extent permitted by applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Vigilant Church and its officers, directors, employees, agents, and licensors from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

• Your use of the App in violation of these Terms.
• Your Customer Data, including any claim that it infringes the rights of a third party.
• Your violation of any applicable law or regulation.
• Any security incident or event at your church, regardless of whether the App was used in connection with that incident.

13. Term and Termination

13.1 Term

These Terms commence on the date you first accept them and continue for as long as you maintain an active Subscription, unless earlier terminated.

13.2 Termination by You

You may terminate your Subscription at any time by canceling through your Account settings or contacting us. Termination takes effect at the end of the current Subscription Term as described in Section 3.6.

13.3 Termination by Vigilant Church

We may suspend or terminate your access to the App immediately upon notice if:

• You materially breach these Terms and fail to cure the breach within ten days of written notice, or immediately for breaches that cannot be cured or that involve illegal activity.
• You fail to pay fees when due and do not remedy the failure within ten days.
• We are required to do so by law or a governmental authority.

13.4 Effect of Termination

Upon termination, all licenses granted to you will immediately terminate, you must cease all use of the App, any outstanding fees become immediately due, and we will handle your Customer Data in accordance with Section 5.5. Sections 1, 5.1, 6, 7, 10, 11, 12, 14, and 15 of these Terms shall survive termination.

14. Dispute Resolution

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions.

14.2 Informal Resolution

Before initiating any formal dispute, you agree to contact us at contact@vigilantchurch.com and attempt to resolve the dispute informally. We will use good faith efforts to resolve any issue within thirty days.

14.3 Binding Arbitration

Please read this section carefully because it affects your legal rights. If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the App, excluding claims for injunctive or other equitable relief, shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with the arbitration conducted in Minneapolis, Minnesota. The arbitrator's decision shall be final and may be entered as a judgment in any court of competent jurisdiction.

14.4 Class Action Waiver

You and Vigilant Church agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. If this waiver is found unenforceable, the arbitration provision in Section 14.3 shall be null and void.

14.5 Exceptions

Notwithstanding the foregoing, either party may seek emergency or preliminary injunctive relief in any court of competent jurisdiction to protect intellectual property rights or confidential information pending arbitration.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any order confirmation or subscription agreement, constitute the entire agreement between you and Vigilant Church with respect to the App and supersede all prior negotiations, representations, or agreements.

15.2 Modifications to Terms

We may update these Terms from time to time. We will notify you of material changes by updating the Effective Date above and, where appropriate, by sending you an email or providing an in-App notice. Your continued use of the App after changes become effective constitutes your acceptance of the updated Terms.

15.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

15.4 Waiver

Failure by either party to enforce any provision of these Terms shall not constitute a waiver of that party's right to enforce such provision at any time.

15.5 Assignment

You may not assign or transfer these Terms or any rights hereunder without our prior written consent. Vigilant Church may assign these Terms without restriction in connection with a merger, acquisition, or sale of all or substantially all of its assets. Any attempted assignment in violation of this section is void.

15.6 Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, acts of government, power failures, internet outages, or other events outside a party's reasonable control, provided the affected party gives prompt notice and uses reasonable efforts to mitigate the impact.

15.7 No Legal Advice

Vigilant Church is a software provider, not a law firm. Nothing in the App, these Terms, or any communication from Vigilant Church constitutes legal advice. You should consult qualified legal counsel regarding your organization's legal obligations, including those relating to security operations, data privacy, incident reporting, and liability.

15.8 Contact

Questions about these Terms should be directed to:

Vigilant Church

Email: contact@vigilantchurch.com

Website: www.vigilantchurch.com

Legal Disclaimer

These Terms & Conditions were prepared by Vigilant Church for informational purposes and do not constitute legal advice. Laws governing software licensing, consumer rights, dispute resolution, and security operations vary by jurisdiction and change frequently. We recommend consulting a qualified attorney to ensure these Terms meet all applicable legal requirements for your specific circumstances.