Terms of Service
Plain-language summary (the contract is the numbered sections below): PACE is attendance software for learning centers. You own your center's data and can export it anytime. You're responsible for what you enter and for your obligations to your own students' families. The service is provided as-is, our liability is capped at what you've paid us, and disputes go to individual arbitration in Orange County, California.
1. Who you're contracting with
These Terms of Service (the "Terms") are a binding agreement between the subscribing learning center and its owner ("you", "Customer") and Belal Zahran, a sole proprietor doing business as PACE ("PACE", "we", "us"), located in Orange County, California. If we later transfer the service to a company we form, these Terms will be updated with the new entity's name and you will be asked to re-accept them in the app.
2. The service
PACE provides web-based student check-in, attendance tracking, and related reporting for learning centers (the "Service"), including a kiosk interface for student check-in/out and an administrative dashboard. We may improve or modify features over time. Features described as rolling out or upcoming are not part of the Service until released.
3. Accounts and acceptable use
You must provide accurate account information and keep your credentials, kiosk PIN, and devices secure. You are responsible for all activity under your account. You will not: misuse the Service; attempt to access another customer's data; reverse engineer, resell, or interfere with the Service; or use it in violation of applicable law. We may suspend accounts that threaten the security or integrity of the Service.
4. Your data
You own your data. Student rosters, attendance records, and notes you enter belong to your center. You grant us the limited rights needed to host, process, back up, and display that data to provide the Service. You can export your data at any time from the dashboard. You represent that you have the authority and any required consents (including from parents or guardians, where applicable) to enter student information into the Service, and that you will comply with laws applicable to your handling of that information. As between you and PACE, you are the party with the direct relationship with students and their families.
5. Fees, trials, and lapses
The Service is offered on a free trial and thereafter as a paid monthly subscription at the posted price. Fees are charged in advance and are non-refundable except where required by law. If your subscription lapses or your trial ends without payment, your account becomes read-only: check-ins pause, but you can still view and export your data. We retain attendance records for at least two (2) years regardless of subscription status.
6. Termination
You may cancel at any time, effective at the end of the current billing period. We may terminate or suspend the Service for material breach of these Terms. Sections 4, 7, 8, 9, 10, and 11 survive termination.
7. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DATA WILL NEVER BE LOST — MAINTAIN YOUR OWN EXPORTS. THE SERVICE IS A RECORD-KEEPING TOOL; IT IS NOT A SUBSTITUTE FOR ADULT SUPERVISION OF STUDENTS, AND PACE HAS NO RESPONSIBILITY FOR THE PHYSICAL SAFETY, CUSTODY, OR SUPERVISION OF ANY STUDENT.
8. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PACE NOR ITS SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) PACE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO PACE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100) IF GREATER. SOME JURISDICTIONS LIMIT THESE EXCLUSIONS; IN THAT CASE THEY APPLY TO THE FULLEST EXTENT PERMITTED.
9. Indemnification
You will defend, indemnify, and hold harmless PACE from and against claims, damages, and expenses (including reasonable attorneys' fees) arising from: your use of the Service; the data you enter into it; your relationship with your students, their families, or your franchisor; or your breach of these Terms or applicable law.
10. Arbitration and class-action waiver
Please read this section carefully — it affects your rights. Any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Orange County, California. YOU AND PACE EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. Either party may bring qualifying claims in small-claims court instead, and either party may seek injunctive relief in court for misuse of intellectual property or unauthorized access. These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules.
11. General
These Terms plus our Privacy Policy are the entire agreement and supersede prior discussions. If a provision is unenforceable, the rest remain in effect. We may update these Terms; material changes will be versioned and presented in the app for re-acceptance before continued use. You may not assign these Terms without our consent; we may assign them in connection with a reorganization or sale (including the formation of a successor company). Notices to us: support@paceattend.com.
12. Trademarks
PACE is independent software and is not affiliated with, endorsed by, or sponsored by Kumon. Kumon® is a registered trademark of Kumon Institute of Education Co., Ltd., referenced only to describe compatibility.