Software License Agreement
FunFangle Application
This License Agreement (this “Agreement”) is between JP Greze Co Ltd (“Us” or “We” or “JP Greze”) and You. “You” means the organization that has licensed the FunFangle application (the “Customer”) and each individual who creates an account to use the Software on the Customer’s behalf or as a participant, parent or guardian (an “Authorized User”); the sections headed Customer Data, Health-Related Data and HIPAA, Student Education Records and FERPA, and Public and Government Entities state obligations between Us and the Customer. This Agreement describes the terms and conditions pursuant to which We will license to You certain Software (as defined below), and You agree to use such Software pursuant to the terms of this license. If You do not agree to these terms, You may not download or use the Software. Any user under age 18 must have his or her parent or legal guardian agree to the terms of this Agreement.
License Grant
The Software licensed to You is the FunFangle application, including the FunFangle website, portal, console and mobile applications and any updates We make available (the “Software”). The Software is licensed to You, not sold. In consideration of You agreeing to these terms, We grant to You a personal, nontransferable, non-exclusive right to use the Software on the FunFangle website (the “Site”) on any internet accessible devices You own or control and as permitted by the Site’s Terms of Use and Privacy Policy. The Customer may permit individuals who are employed by or otherwise affiliated with the Customer, and the participants, parents and guardians it serves, to use the Software as Authorized Users under this Agreement; the Customer is responsible for its Authorized Users’ compliance with this Agreement. Permitting Authorized Users under this sentence is not a sublicense.
Restrictions
We reserve all rights not expressly granted to You. You may not distribute the Software or make it available to any third party. You may not rent, lease, lend, sell, redistribute, or sublicense this Software. You may not copy (except as expressly permitted by this license or the Terms of Use), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Software). Any attempt to do so is a violation of this Agreement. If You breach this restriction, You may be subject to prosecution and damages.
Account Responsibility
Before accessing the Software, You will create Your personal account, including your email address and a password. You are responsible for all activities conducted using Your account. You should treat your account information as confidential and must not disclose it to any third party. We have the right to disable any personal account and delete any data associated with that account if in Our opinion, the user of that account has failed to comply with any provision of this Agreement or the Site’s Terms of Use. Disabling an Authorized User’s account does not affect the Customer’s rights under this Agreement or the Customer Data section.
Your Responsibilities
You are responsible for Your own compliance with the laws that apply to You and to Your use of the Software, including FERPA, COPPA, state student and consumer privacy laws and record-retention requirements, and for the notices, consents and policies You owe Your participants and their parents or guardians, including any consent needed to collect information about minors or health-related information. You control who may access the Software and at what permission level, and You are responsible for provisioning accounts only to people who need them, removing or adjusting access promptly when a person leaves or changes roles, keeping credentials confidential and unshared, securing the devices You use with the Software, and the accuracy of the data Your Authorized Users enter. We are responsible for the safeguards described in this Agreement and in the HIPAA Safeguards page; We are not responsible for loss, disclosure or misuse that results from Your or Your Authorized Users’ failure to meet the responsibilities in this section.
Your Relationship with the Customer
Registrations, purchases, deposits, account balances, refunds and donations made through the Software are transactions between You and the Customer, which sets its own prices, refund and closeout policies; We provide the Software to the Customer and are not a party to those transactions.
Data Collection and Privacy
You agree that We may collect and use information from you. Our Privacy Policy is an integrated part of this Agreement and may be accessed at https://funfangle.com/legal/privacy. For information on the processing of personal information collected online from children, please refer to our Privacy Policy.
You also agree that We may collect and use technical data and related information, including but not limited to technical information about Your device, including IP address if available, system and browser, operation system, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Software. We may use this information, as long as it is in a form that does not personally identify You, to improve our products or to provide services or technologies to You.
Where information is Customer Data, health-related information or Student Data (as defined in the Student Education Records and FERPA section), the sections below also apply and control to the extent of any conflict with this section.
Customer Data
As between the parties, You own all data that You or Your authorized users submit to the Software (“Customer Data”). You grant Us a non-exclusive right to host, store, display, process and transmit the content You or Your Authorized Users upload, solely as needed to provide the Software. We will treat Customer Data as confidential and use it only to provide the Software and related services. You are responsible for the accuracy of Customer Data and for determining how long it should be retained. Upon termination of this Agreement for any reason, including termination for failure to comply, You may request export of Customer Data within thirty (30) days, after which We will delete Customer Data from production systems in the ordinary course, except as required by law. In the event of a confirmed security incident affecting Customer Data, We will notify You without undue delay and provide the information reasonably needed to assess the impact, regardless of whether the affected data is health-related.
Health-Related Data and HIPAA
Where You use the Software to process health-related information (such as allergy notes, medical conditions, or dietary restrictions), Our HIPAA Safeguards page describes the data protection safeguards We apply and the corresponding responsibilities of Your organization. The HIPAA Safeguards page is an integrated part of this Agreement. This Agreement is not a Business Associate Agreement (BAA). If Your organization is a HIPAA Covered Entity and intends to store Protected Health Information (PHI) in the Software, You must execute a separate BAA with Us before doing so.
Student Education Records and FERPA
This section applies only where the Customer is an educational agency or institution to which the Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99) (“FERPA”) applies, that is, one that receives funds under a program administered by the U.S. Department of Education, such as a public school district (an “Educational Institution”), and only to personally identifiable information from students’ education records that the Educational Institution places in the Software (“Student Data”). It does not apply to any other Customer, including camps, churches, recreation and after-school programs, and other organizations that serve students or minors, and it does not apply to data that is not an education record. As to Student Data, this section controls over the Data Collection and Privacy section of this Agreement and over the Privacy Policy.
We provide the Software as an institutional service or function for which the Educational Institution would otherwise use its own employees, and We act as a “school official” with a legitimate educational interest within the meaning of 34 CFR § 99.31(a)(1)(i)(B), under the Educational Institution’s direct control with respect to the use and maintenance of Student Data.
We will comply with FERPA and other applicable law in Our handling of Student Data. We use and disclose Student Data as FERPA permits a school official performing services for the Educational Institution, including through service providers acting on Our behalf, and as the Educational Institution directs or applicable law permits or requires; We do not sell Student Data. Technical data such as IP address, device and browser information is collected to operate, secure and support the Software, including to authenticate users and detect unauthorized access. We may create and use de-identified data in accordance with 34 CFR § 99.31(b) and do not attempt to re-identify it.
Upon termination, Student Data is exported and deleted as described in the Customer Data section. A successor to Our business may continue to process Student Data subject to this section. If the Educational Institution and We execute a separate student data privacy agreement, that agreement controls as to Student Data to the extent of any conflict with this Agreement.
Third-Party Services
You agree to comply with all applicable third party terms of agreement when using the Software. The Software may enable access to third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service. Card payments made through the Software are processed by third-party payment processors, such as Square, under their own terms; We do not store full payment card numbers.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, You agree to use the Services at Your sole risk and that We do not have any liability to You for content that may be found to be offensive, indecent, or objectionable. You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services.
Term and Termination
This Agreement is effective until terminated by You or Us. Your rights under this license will terminate automatically without notice from Us if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Software, and destroy all copies, full or partial, of the Software. A failure to comply by an Authorized User terminates that Authorized User’s rights; the Customer’s rights terminate only on the Customer’s own failure to comply.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Our total liability to you for all damages (other than as may be required by applicable law) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Indemnification
To the extent possible under applicable law, You hereby agree to indemnify, defend, and hold Us, Our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of this Agreement or the Site’s Terms of Use or claims arising from your use of the Software and/or Your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by You.
Statute of Limitations
No action arising out of or related to this Agreement may be brought by You more than one (1) year after the cause of action has accrued, except that an action for non-payment will be limited only by the statute of limitations of the State of Maryland. A cause of action will be deemed to have accrued on the earlier of (a) when You knew or should have known of the breach or claimed breach, or (b) the date applicable law deems the cause of action to accrue.
Governing Law and Dispute Resolution
This Agreement, its subject matter, and formation, are governed by the laws of the State of Maryland, USA, without regard to the principles of conflicts of law thereof. Both You and Us agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be resolved by binding arbitration. The arbitration shall be administered by the American Arbitration Association. The number of arbiters will be one. The place of arbitration shall be Millersville, MD, USA. Judgment on the award rendered by the arbiter may be entered in any court having jurisdiction.
Public and Government Entities
This section applies only where the Customer is a public or governmental entity, including a public school district, public college or university, county, municipality or other governmental body (a “Government Customer”). Paragraphs (a) and (b) apply only to the extent the constitution or laws governing the Government Customer prohibit it from agreeing to the provision concerned; otherwise this Agreement applies as written. Paragraph (c) applies to every Government Customer. This section applies only as between Us and the Government Customer; it does not change this Agreement as it applies to any Authorized User, including the limitation of Our liability to an Authorized User.
(a) Indemnification. The Indemnification section applies to a Government Customer only to the extent permitted by the constitution and laws governing it.
(b) Governing law, venue, arbitration and limitation period. If a Government Customer is prohibited from agreeing to the governing law, the arbitration, or the place of arbitration stated in the Governing Law and Dispute Resolution section, then, as to that Government Customer and only to the extent of the prohibition, this Agreement is governed by the laws of the state in which the Government Customer is located and disputes with it shall be resolved in a court of competent jurisdiction in that state. If a Government Customer is prohibited from agreeing to the limitation period in the Statute of Limitations section, that section applies to it only to the extent permitted, and otherwise the limitation period provided by the law governing the Government Customer applies.
(c) Limitation of liability. As between Us and a Government Customer, the sentence of the Limitation of Liability section that limits Our total liability to fifty dollars ($50.00) is replaced by the following: In no event shall Our total liability to the Government Customer for all claims arising out of or related to this Agreement exceed the total fees paid or payable by the Government Customer to Us for the Software during the twelve (12) months immediately preceding the event giving rise to the liability. All other limitations, disclaimers and exclusions in that section remain in full force and effect.
Force Majeure
We are not liable for any delay or failure to perform caused by events beyond Our reasonable control, including acts of God, government action, labor disputes, internet or utility failures, or the acts of third-party providers.
Assignment
We may assign this Agreement, in whole or in part, to a successor to Our business or to an affiliate; You may not assign it without Our written consent.
Waiver
If We fail to insist that You perform any of your obligations under this Agreement, or if We do not enforce our rights against You, or if We delay in doing so, that will not mean that We have waived our rights against You and will not mean that You do not have to comply with those obligations. If We do waive a default by You, We will only do so in writing, and that will not mean that we will automatically waive any later default by You.
Severability
Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
Export Controls
You may not use or otherwise export or re-export the Software except as authorized by United States law and the laws of the jurisdiction in which the Software was obtained. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software, You represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
U.S. Government End Users
The Software and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Entire Agreement; Order of Precedence
This Agreement, together with the Terms of Use, the Privacy Policy and the HIPAA Safeguards page it incorporates, is the entire agreement between JP Greze and You regarding the Software and supersedes all prior proposals, negotiations and communications regarding the Software, except that any written agreement separately executed between JP Greze and the Customer, including a Mutual Agreement and its Investment Schedule, enterprise terms, a Data Processing Agreement or a Business Associate Agreement, remains in effect and controls to the extent of any conflict with this Agreement.
This Agreement has been entered into on the date You click Agree during account registration or, for the Customer, on the date the Customer accepts the Mutual Agreement that incorporates it.
Version 20 · Last revised October 20, 2026