Terms and Conditions

1. Acceptance of Terms

By creating an account, accessing, or using Pax (the “Service”), operated by Pax App (“Company,” “we,” “our,” or “us”), you (“Customer,” “Organization,” or “you”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to all of these Terms, you must not use the Service. These Terms apply to all users of the Service, including administrators, staff members, and congregation members granted access by an Organization.

2. Description of Service

Pax is a cloud-based software-as-a-service (SaaS) platform designed to assist churches, religious organizations, and faith-based nonprofits with organizational management. The Service includes the following features (collectively, “Tools”):

• Church Photo Directory — a digital directory for congregation member profiles and photos.
• SMS and Email Messaging — tools for communicating with congregation members via text and email.
• Prayer Request Management — submission, composition, and scheduling of prayer lists and reminders.
• Events Management — creation, management, and promotion of church events.
• Notes — a shared note-taking and record-keeping tool for staff.
• Pastoral Response — automated pastoral follow-up: triggers the system watches for and the actions it takes on staff’s behalf.

We reserve the right to modify, suspend, or discontinue any feature of the Service at any time with reasonable notice.

3. Accounts and Registration

To use the Service, you must register for an account. You represent and warrant that all registration information you provide is accurate, current, and complete. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized use of your account. The Company is not liable for any loss resulting from unauthorized account access due to your failure to safeguard your credentials.

4. Free Trial

New accounts receive a 30-day free trial (“Trial Period”) beginning on the date of account creation. The Trial Period provides full access to all features of the Service. No payment information is required to begin the trial; however, if you provide payment information during the Trial Period, you authorize us to automatically charge the applicable subscription fee at the conclusion of the Trial Period. At the end of the Trial Period, your account will automatically convert to a paid subscription at the then-current standard rate. You may cancel before the end of the Trial Period to avoid any charges.

5. Subscription, Fees, and Payment

5.1 Subscription Fees.

After the Trial Period, continued use of the Service requires a paid subscription. Fees are charged on a monthly or annual basis, as selected at registration or subsequently updated in your account settings. All fees are stated in U.S. dollars.

5.2 Billing.

You authorize the Company to charge your designated payment method for all fees due. Failure to maintain a valid payment method may result in suspension or termination of your account.

5.3 No Refunds.

All fees paid are non-refundable except as expressly stated in these Terms or required by applicable law.

5.4 Price Changes.

We reserve the right to change subscription fees upon thirty (30) days' written notice. Continued use of the Service after the effective date of a fee change constitutes your acceptance of the new pricing.

6. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• Use the Service to transmit unlawful, harassing, defamatory, obscene, or otherwise objectionable content.
• Upload or store content that infringes upon any third-party intellectual property rights.
• Attempt to gain unauthorized access to any portion of the Service or its infrastructure.
• Use the Service to send unsolicited commercial communications (spam).
• Reverse engineer, decompile, or disassemble any component of the Service.
• Resell or sublicense access to the Service without prior written consent from the Company.

7. Sensitive Information and Data Responsibility

7.1 No Confidential Confessions or Privileged Communications.

The Service is not designed, intended, or suitable for storing legally privileged communications, pastoral confessions, or information subject to religious confidentiality protections. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT CONFIDENTIAL CONFESSIONS, PRIVILEGED PASTORAL COMMUNICATIONS, AND SIMILARLY SENSITIVE SPIRITUAL MATTERS SHOULD NOT BE ENTERED INTO THE SERVICE. What God has forgiven and forgotten, this database should as well.

7.2 Sensitive Personal Data.

While the Service includes reasonable security measures, Customers are strongly advised not to store highly sensitive personal information — including but not limited to Social Security Numbers, financial account details, medical records, immigration status, or criminal history — within the Service. The Company's liability in connection with any unauthorized disclosure of such information shall be limited to the maximum extent permitted by applicable law.

7.3 Customer Responsibility.

The Customer is solely responsible for the accuracy, quality, legality, and appropriateness of all data and content submitted to the Service. The Company does not review Customer data for content and assumes no responsibility for the substance of data stored within the Service.

8. Intellectual Property

The Service, including all software, designs, text, graphics, and other content provided by the Company, is the exclusive property of the Company and its licensors and is protected by copyright, trademark, and other intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your Organization's internal purposes. Customer data remains the property of the Customer.

9. Uptime and Service Availability

The Company will use commercially reasonable efforts to maintain Service availability of 99.9% or greater, measured on a monthly basis, excluding scheduled maintenance windows and circumstances beyond our reasonable control. This uptime commitment is a target and not a guarantee. In the event of downtime exceeding the stated target in any given calendar month, Customer's sole remedy shall be a prorated service credit not to exceed one (1) month's subscription fee. The Company shall not be liable for any downtime attributable to: (a) actions or omissions of Customer or third parties; (b) internet or infrastructure failures outside our control; (c) force majeure events; or (d) scheduled or emergency maintenance.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE SERVICE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR LOSS OF REVENUE, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES ACTUALLY PAID BY YOU TO THE COMPANY IN THE ONE (1) CALENDAR MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND CUSTOMER.

12. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, agents, and licensors from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your Customer data; or (e) any dispute between you and a third party. The Company reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, at your expense.

13. Governing Law; Dispute Resolution; Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict of law provisions. Any legal action, claim, or proceeding arising out of or relating to these Terms or the Service must be brought exclusively in the state or federal courts located in Topeka, Kansas. You hereby consent to personal jurisdiction and venue in such courts and waive any objection to such jurisdiction or venue.

Fees and Costs: In any dispute, arbitration, or litigation arising from or related to these Terms or the Service, each party shall bear its own attorneys' fees, court costs, and related legal expenses. Notwithstanding the foregoing, if the Company is required to defend against a claim that is found to be frivolous or brought in bad faith, the Company reserves the right to seek recovery of its reasonable attorneys' fees and costs from the party that brought such claim.

14. Termination

14.1 By Customer.

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation will take effect at the end of the then-current billing period.

14.2 By Company.

We reserve the right to suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms or fail to pay applicable fees.

14.3 Effect of Termination.

Upon termination, your right to access the Service ceases immediately. You may request an export of your Customer data within thirty (30) days of termination; thereafter, the Company may permanently delete your data.

15. Modifications to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you via email or a prominent notice within the Service at least fourteen (14) days before the changes take effect. Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of those Terms.

16. Miscellaneous

16.1 Entire Agreement.

These Terms, together with the Privacy Policy and any applicable Service Agreement or Order Form, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements.

16.2 Severability.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16.3 No Waiver.

Failure to enforce any provision of these Terms shall not constitute a waiver of the right to enforce it in the future.

16.4 Assignment.

You may not assign your rights or obligations under these Terms without the Company's prior written consent. The Company may assign these Terms freely.

16.5 Force Majeure.

The Company shall not be liable for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, acts of government, internet outages, or third-party service failures.

17. Contact Information

For questions about these Terms, please contact us at:

Pax App
support@paxapp.org
https://paxapp.org