Terms of Service

Last Updated: January 1, 2025

Welcome to Asan Digital. Please read these Terms of Service ("Terms") carefully as they govern your use of our website and services, including User Auth Guard (UAG), EduQueue, and Visitozy (collectively, the "Services") provided by Asan Digital LLC ("Asan Digital," "we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you and Asan Digital. "You" refers to either you individually or the entity that you represent. If you are accepting these Terms on behalf of an institution, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Services Description

Asan Digital provides software and technology solutions primarily designed for educational institutions and public service organizations. Our Services include:

• User Auth Guard (UAG): A cloud-based Chromebook management solution
• EduQueue: A campus operations platform for visitor management and attendance tracking
• Visitozy: A visitor management system for front-desk security and efficiency

We may update the content, functionality, and features of our Services from time to time. We reserve the right to modify or discontinue any Service with or without notice.

3. Account Registration and Security

Certain features of our Services require you to register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized access to your account

You are solely responsible for all activities that occur under your account. We reserve the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period.

4. Subscriptions and Payments

Some of our Services are offered on a subscription basis. By subscribing to our Services, you agree to the following:

• You will be charged in accordance with your subscription plan
• Subscription fees are non-refundable except as required by law or as explicitly stated in these Terms
• We may change subscription fees upon reasonable notice
• You are responsible for applicable taxes

Subscription terms, pricing, and payment methods will be specified during the purchase process or in a separate agreement between you and Asan Digital.

5. Pilot Programs

We may offer pilot programs for our Services. Participation in pilot programs is subject to additional terms that will be provided at the time of enrollment. Pilot programs may have limited functionality, may be subject to change without notice, and may be discontinued at our discretion.

6. Educational Institutions and Student Data

If you are an educational institution or administrator using our Services, you represent and warrant that:

• You have the authority to provide us with student data
• You have obtained all necessary consents and provided all required disclosures regarding the collection and use of student data
• Your use of our Services complies with the Family Educational Rights and Privacy Act (FERPA) and other applicable education and privacy laws

We process student data solely as a service provider to educational institutions and in accordance with our Privacy Policy and applicable Data Processing Agreements.

7. Acceptable Use

You agree not to use our Services to:

• Violate any applicable law or regulation
• Infringe the intellectual property rights of others
• Transmit malware, viruses, or other harmful code
• Interfere with or disrupt the integrity or performance of our Services
• Attempt to gain unauthorized access to our Services or related systems
• Collect or harvest data from our Services without authorization
• Engage in any activity that could reasonably be expected to harm our Services or other users

8. Intellectual Property Rights

Asan Digital and its licensors own all rights, title, and interest in and to the Services, including all related intellectual property rights. You are granted a limited, non-exclusive, non-transferable, and revocable license to use our Services subject to these Terms.

You retain ownership of your content that you upload, submit, or otherwise make available through our Services, and grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display such content solely for the purpose of providing the Services to you.

9. Confidentiality

You agree to maintain the confidentiality of any non-public information disclosed to you through our Services. This includes information marked as confidential and information that would reasonably be considered confidential under the circumstances.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Services will meet your specific requirements or that the operation of the Services will be uninterrupted or error-free.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASAN DIGITAL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT PAID BY YOU TO ASAN DIGITAL FOR THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY.

12. Indemnification

You agree to defend, indemnify, and hold harmless Asan Digital and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your use of the Services; (b) your violation of these Terms; and (c) your violation of any third-party rights, including without limitation intellectual property rights or privacy rights.

13. Term and Termination

These Terms will remain in effect until terminated by either you or Asan Digital. You may terminate these Terms by discontinuing use of our Services. We may terminate these Terms or suspend your access to the Services at any time for any reason, including if you violate these Terms.

Upon termination, all licenses granted to you under these Terms will immediately terminate, and you must cease all use of the Services. Sections 8 through 14 will survive termination.

14. General Provisions

14.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law principles.

14.2 Dispute Resolution

Any dispute arising from these Terms shall be resolved through good faith negotiations. If the dispute cannot be resolved through negotiations, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.

14.3 Severability

If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

14.4 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Asan Digital concerning the Services.

14.5 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms without restriction.

14.6 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

15. Contact Information

If you have any questions about these Terms, please contact us at:

Asan Digital LLC
Email: legal@asan.digital
Website: www.asan.digital