Terms of Service | Chapel Desk by Spearmint LLC

Welcome to Chapel Desk. These Terms of Service ("Terms") govern your use of the Chapel Desk website and service (the "Service") operated by Spearmint LLC ("Spearmint", "we", "us", or "our"), a Minnesota limited liability company. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, please do not use the Service.

1. Acceptance of Terms

By creating an account, accessing our website, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

Modification of Terms

Spearmint LLC reserves the right to modify, update, change, or replace any part of these Terms of Service at any time, at our sole discretion, without prior notice. We may add, remove, or modify provisions as we deem necessary for legal, operational, or business reasons. Changes may include, but are not limited to:

Updates to service features, pricing, or subscription terms
Changes to comply with legal or regulatory requirements
Modifications to user responsibilities or prohibited conduct
Updates to liability limitations or dispute resolution procedures
Any other changes we determine are in the best interest of the Service or our users

Notification and Acceptance of Changes

When we modify these Terms, we will:

Update the "Effective date" at the top of this page
For material changes, we may (but are not obligated to) notify you via email or through a notice on the Service
Post the updated Terms on our website, which will be effective immediately upon posting

Your continued use of the Service after any changes to these Terms constitutes your acceptance of the modified Terms. If you do not agree with any changes, you must stop using the Service and terminate your account. It is your responsibility to review these Terms periodically for updates. We recommend checking this page regularly to stay informed of any changes.

No Retroactive Application

Unless otherwise stated, modifications to these Terms will apply prospectively (going forward) and will not retroactively affect rights or obligations that arose before the modification date.

2. Description of Service

Chapel Desk provides a platform for churches and religious organizations to create, manage, and publish websites. The Service includes, but is not limited to:

Website creation and hosting tools
Content management features (events, blog posts, sermons, galleries, etc.)
Member directory and communication tools
Custom domain support
Email services (including daily Bible verse subscriptions)
Analytics and reporting
Payment processing integrations for donations

3. Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to use the Service. By using the Service, you represent and warrant that you meet this requirement. Organizations using the Service must be represented by an authorized individual.

4. Account Registration and Security

Account Creation: You must provide accurate, complete, and current information when registering. You are responsible for maintaining the confidentiality of your account credentials.
Account Responsibility: You are solely responsible for all activities that occur under your account. Notify us immediately of any unauthorized use.
Account Termination: We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion, with or without notice.
One Account Per Organization: Each church or organization should maintain only one primary account.

5. Communications and Consent

By creating an account and using the Service, you expressly consent to receive communications from us via email, SMS (text message), or other electronic means to the contact information you provide. These communications are necessary for the operation and security of your account and the Service.

Transactional Communications

You agree to receive the following types of transactional communications, which are essential to your use of the Service:

Security and Authentication: One-Time Passwords (OTP), two-factor authentication codes, login verification, and security alerts related to your account
Account Status Notifications: Account creation confirmations, password reset requests, account suspension or termination notices, and other account-related updates
Billing and Payment Alerts: Payment receipts, failed payment notifications, subscription renewals, billing cycle reminders, and payment method updates
Service Notifications: System maintenance alerts, service outages, feature updates that affect your account, and critical service announcements
Legal and Compliance: Updates to these Terms of Service, Privacy Policy changes, and other legally required notices

Communication Preferences

Transactional Messages: You cannot opt out of transactional communications as they are necessary for the security and proper functioning of your account. These messages are not promotional in nature.
Marketing Communications: We may also send promotional emails or newsletters. You may opt out of marketing communications at any time by using the unsubscribe link in those emails or by contacting us.
SMS/Text Messages: If you provide a mobile phone number, you consent to receive SMS messages for authentication and critical account alerts. Standard message and data rates may apply. You may opt out of non-essential SMS messages by replying STOP, but you cannot opt out of security-related SMS such as OTP codes.

Accuracy of Contact Information

You are responsible for maintaining accurate and current contact information (email address and phone number) in your account. Failure to receive critical communications due to incorrect contact information may result in account access issues, security vulnerabilities, or service disruptions. We are not liable for missed communications due to inaccurate contact information.

6. Subscription Plans and Billing

Free Trial: We may offer a free trial period. You will not be charged during the free trial unless you upgrade to a paid plan.
Subscription Fees: Paid subscriptions are billed in advance on a recurring basis (monthly or annual) based on the plan you select.
Payment Processing: We use third-party payment processors (such as Stripe). You agree to their terms and authorize us to charge your payment method.
Price Changes: We reserve the right to change subscription prices with at least 30 days' advance notice. Price changes will apply to your next billing cycle.
Cancellation: You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. No refunds are provided for partial periods.
Refunds: Refunds are provided at our sole discretion and only in exceptional circumstances.
Failed Payments: If payment fails, we may suspend your account until payment is received. We are not responsible for fees charged by your financial institution.

7. User Content and Conduct

Ownership of Your Content

You Own Your Content. You retain full ownership and all intellectual property rights to all content you create, upload, publish, or display on or through the Service ("User Content"). This includes, but is not limited to, text, images, photos, videos, sermons, blog posts, event descriptions, member information, and any other materials you publish on your website. Chapel Desk and Spearmint LLC make absolutely no claim of ownership over your User Content.

Your Responsibility and Representations

By uploading, publishing, or displaying User Content on the Service, you represent and warrant that:

You own all rights to the User Content, or you have obtained all necessary permissions, licenses, consents, and authorizations to use and publish the User Content
The User Content does not infringe, violate, or misappropriate any third party's intellectual property rights, privacy rights, publicity rights, or any other rights
You have the legal right and authority to grant the licenses described in these Terms
The User Content complies with all applicable laws and regulations
You are solely responsible for securing and maintaining all rights necessary to publish and display the User Content

Limited License to Spearmint LLC

By posting User Content on the Service, you grant Spearmint LLC a limited, worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, store, modify, and display such User Content solely for the purpose of providing, operating, improving, and securing the Service. This license is strictly technical in nature and allows us to:

Host and display your content on your website
Make backup copies for data protection and disaster recovery
Optimize and format content for different devices and browsers
Perform necessary technical operations to deliver the Service

Important: This license does not grant us ownership rights, and we will never use your User Content for any purpose other than providing the Service to you. We will not use your content for marketing, advertising, or any commercial purpose unrelated to your use of the Service.

User Content Liability and Indemnification

You are solely responsible for your User Content. Spearmint LLC is not responsible for any User Content posted by you or any other user. We do not pre-screen, monitor, review, or edit User Content before it is published. You acknowledge and agree that:

You are fully responsible for all User Content you publish, including its legality, accuracy, appropriateness, and compliance with applicable laws
You assume all risks associated with your User Content, including reliance on its accuracy or any claims by third parties
Spearmint LLC is merely a service provider and platform, and we are not liable for any User Content or any actions taken based on User Content
You will defend, indemnify, and hold harmless Spearmint LLC from any claims arising from your User Content or your violation of any third-party rights

Content Restrictions

You agree not to upload, publish, or transmit any User Content that:

Violates any law or regulation
Infringes on intellectual property rights of others
Contains viruses, malware, or harmful code
Is defamatory, obscene, hateful, or promotes violence or discrimination
Impersonates another person or entity
Contains unsolicited advertising or spam
Violates the privacy or rights of others

Prohibited Uses

You agree not to:

Use the Service for any unlawful purpose
Attempt to gain unauthorized access to the Service or related systems
Interfere with or disrupt the Service or servers
Use automated systems (bots, scrapers) to access the Service without permission
Reverse engineer, decompile, or disassemble any part of the Service
Resell or redistribute the Service without authorization

8. Intellectual Property

Our IP: The Service, including its software, design, text, graphics, logos, and other content (excluding User Content), is owned by Spearmint LLC and protected by copyright, trademark, and other laws.
Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal purposes in accordance with these Terms.
Trademarks: "Chapel Desk" and related logos are trademarks of Spearmint LLC. You may not use them without our written permission.
Feedback: If you provide suggestions or feedback about the Service, we may use it without obligation to you.

8.1 DMCA and Copyright Infringement

Spearmint LLC respects the intellectual property rights of others and expects users to do the same. We respond to valid notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).

Repeat Infringer Policy

In appropriate circumstances, we will terminate accounts of users who are repeat infringers or who are repeatedly charged with infringement.

DMCA Notice Requirements

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Service, please notify our designated DMCA agent with the following information:

A physical or electronic signature of the copyright owner or person authorized to act on their behalf
Identification of the copyrighted work claimed to have been infringed
Identification of the material that is claimed to be infringing, with sufficient detail to locate it on the Service
Your contact information, including address, telephone number, and email address
A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner

DMCA notices should be sent to: [email protected]

Platform Liability Limitation

Spearmint LLC acts solely as a service provider and hosting platform. We do not create, upload, or control the User Content published by our users. We are not responsible for reviewing or monitoring User Content for potential intellectual property violations. To the fullest extent permitted by law, we disclaim all liability for any infringement of intellectual property rights arising from User Content published through the Service.

10. Custom Domains and Third-Party Services

Custom Domains: If you connect a custom domain, you are responsible for domain registration, renewal, and DNS configuration. We are not responsible for domain-related issues.
Third-Party Integrations: The Service may integrate with third-party services (e.g., payment processors, analytics, CDN providers). Use of these services is subject to their respective terms and policies.
No Endorsement: We do not endorse or assume responsibility for third-party services or content.

11. Data and Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and protect your information. For data you process on behalf of your church members (e.g., contact information in member directories), you are the data controller and are responsible for complying with applicable data protection laws.

12. Service Availability and Support

Uptime Target: We strive to maintain 99% uptime for the Service, measured on a monthly basis. This is our target goal, not a guaranteed commitment.
Support: We provide email support at [email protected]. Support levels may vary by subscription plan.
Backups: We perform regular backups, but you are responsible for maintaining your own backups of critical content.

12.1 Service Level Agreement (SLA) and Service Interruptions

Uptime Commitment

Spearmint LLC aims to provide 99% uptime for the Service on a monthly basis. "Uptime" means the Service is available and accessible to users. However, this is a best-effort target and not a guaranteed service level. We continuously work to maintain high availability but cannot guarantee uninterrupted or error-free service.

Scheduled Maintenance

We may perform scheduled maintenance on the Service, which may result in temporary service interruptions. We will make reasonable efforts to:

Schedule maintenance during off-peak hours when possible
Provide advance notice of scheduled maintenance via email or service notifications
Minimize the duration of scheduled downtime

Scheduled maintenance windows are excluded from uptime calculations.

Service Interruptions and Exclusions

Service interruptions may occur due to various factors. The following circumstances are excluded from our SLA commitment and uptime calculations:

Third-Party Infrastructure Issues: Disruptions caused by our hosting providers, data centers, cloud infrastructure providers (e.g., AWS, Google Cloud, Azure), CDN providers, or any other third-party service beyond our direct control
Internet and Network Issues: Internet service provider (ISP) outages, DNS failures, routing problems, or network connectivity issues outside our infrastructure
Force Majeure Events: Natural disasters, acts of God, war, terrorism, civil unrest, government actions, pandemics, or any other events beyond our reasonable control
Cyber Attacks: Distributed Denial of Service (DDoS) attacks, hacking attempts, malware, or other security incidents targeting our infrastructure or third-party providers
User Actions: Downtime caused by your actions, configurations, custom code, or violations of these Terms
Beta Features: Service interruptions related to beta, experimental, or newly released features
Scheduled Maintenance: Planned maintenance windows communicated in advance

Service Restoration

In the event of service disruptions:

We will work diligently to restore service as quickly as possible
For infrastructure-related issues beyond our control (e.g., data center outages), we must wait for the third-party provider to resolve the issue before service can be fully restored
We will provide status updates when possible, but are not obligated to provide real-time updates during outages
We do our best to keep the Service operational, but ultimate restoration timelines may depend on factors outside our control

Technical Support and Issue Resolution

If you report a technical glitch or service issue:

Priority Assignment: Our support team will assess and assign a priority level to your issue based on severity, impact, number of users affected, and available resources
Response Time: Response times vary based on:
- Your subscription plan (Premium customers receive priority support)
- The severity of the issue (critical system-wide outages vs. individual feature bugs)
- Time of submission (business hours vs. weekends/holidays)
- Current support queue and resource availability
Resolution Commitment: We will make reasonable efforts to address reported issues, but we do not guarantee specific resolution timeframes. Complex technical issues may require extensive troubleshooting and may not be immediately resolvable.
Platform Discretion: The final priority, timeline, and resolution approach for any technical issue is determined by Spearmint LLC at our sole discretion based on technical feasibility and business considerations.

No Service Credits or Refunds for Downtime

We do not provide service credits, refunds, or compensation for service downtime or interruptions, regardless of duration or cause. This includes but is not limited to downtime caused by third-party infrastructure issues, scheduled maintenance, or force majeure events. Your sole remedy for service availability issues is to terminate your account as described in the Termination section.

Monitoring and Notification

While we monitor the Service for availability and performance, we are not obligated to provide real-time status updates or maintain a public status page. Service status information, if provided, is offered as a courtesy and may not reflect real-time conditions.

Best Effort Commitment

Despite the exclusions and limitations described above, Spearmint LLC is committed to providing a reliable and stable Service. We continuously invest in infrastructure, monitoring, and support to minimize downtime and quickly resolve issues when they occur. However, users acknowledge that no online service can guarantee 100% uptime, and accept the inherent risks of using cloud-based services.

14. Disclaimers and Limitation of Liability

Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR SECURITY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPEARMINT LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

15. Indemnification

You agree to indemnify, defend, and hold harmless Spearmint LLC and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising out of or related to:

(a) Your use or misuse of the Service
(b) Your User Content, including any claims that your User Content infringes, violates, or misappropriates the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party
(c) Your violation of these Terms of Service
(d) Your violation of any applicable laws, regulations, or third-party rights
(e) Any content published on your website through the Service
(f) Any misrepresentation made by you regarding your ownership or rights to User Content
(g) Unauthorized use of the Service through your account, whether or not such use was authorized by you

This indemnification obligation will survive termination of your account and these Terms. Spearmint LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

16. Termination

By You: You may terminate your account at any time by contacting us or using account settings. Upon termination, your subscription will not renew.
By Us: We may suspend or terminate your account immediately if you violate these Terms, engage in fraudulent activity, or for any other reason at our discretion.
Effect of Termination: Upon termination, your right to use the Service ceases immediately. We may delete your account and User Content after a reasonable period. Content published on your website may become inaccessible.
Survival: Sections concerning intellectual property, disclaimers, liability, indemnification, and dispute resolution survive termination.

17. Dispute Resolution and Governing Law

Governing Law: These Terms are governed by the laws of the State of Minnesota, United States, without regard to conflict of law principles.
Jurisdiction and Venue: Any disputes arising from these Terms or your use of the Service shall be resolved exclusively in the state or federal courts located in Minnesota, and you consent to personal jurisdiction in those courts.
Arbitration (Optional): At our option, we may require disputes to be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. Either party may seek injunctive or equitable relief in court for violations of intellectual property rights.
Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in a class action or representative proceeding.

18. Miscellaneous

Platform Rights: Spearmint LLC reserves the right, at its sole discretion, to modify, suspend, or discontinue the Service (or any part or feature thereof) at any time, with or without notice. We also reserve the right to impose limits on certain features, restrict access to parts of the Service, or change eligibility criteria for any subscription tier. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.
Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Spearmint LLC regarding the Service.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
No Waiver: Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
Assignment: You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.
Force Majeure: We are not liable for delays or failures in performance due to causes beyond our reasonable control (e.g., natural disasters, acts of government, internet disruptions).
Notices: Notices to you may be sent via email or posted on the Service. Notices to us should be sent to [email protected].

19. Contact Information

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

Spearmint LLC
Minnesota, USA
Email: [email protected]

By using Chapel Desk, you acknowledge that you have read these Terms of Service and agree to be bound by them. These Terms are designed to protect both you and Spearmint LLC and ensure a positive experience for all users.