Terms of Service

Muster is not an emergency service. It does not contact 911 or any emergency dispatcher, and it depends on phones, networks and power that can fail in a disaster. Never rely on it alone where life or safety is at stake. See section 8.

1. The agreement

1.1. These terms are an agreement between Tolytech LLC, an Ohio limited liability company ("Tolytech", "we", "us"), and the organization that licenses Muster ("Customer", "you"). The person who accepts them for an organization, by signing an Order, paying an invoice, or setting up or using Muster for it, confirms that they have authority to bind that organization.

1.2. "Order" means a quote, order form or invoice, accepted by both of us, that names your plan, license term, fees and any special terms. If an Order and these terms conflict, the Order wins, but only for that Order.

1.3. If you are a member of an organization that uses Muster and not a Customer yourself, section 4.4 applies to you, along with our Privacy Policy.

2. The service

2.1. "Muster" or the "Service" means the Muster apps for iOS and Android, the Muster web dashboard, and the servers and features behind them, as we provide them from time to time.

2.2. During your license term we grant you a non-exclusive, non-transferable right to use the Service, and to let your Authorized Users use it, for your organization's own work, within the limits of your plan.

2.3. Plans are priced by the number of active members (people who can sign in) in your organization. If you go over your plan's limit, we will tell you and nothing stops working; you agree to move to the right plan, or bring your numbers back within the limit, at the latest by your next renewal. We will not lock people out during an active response because of a plan limit.

2.4. We improve Muster continually and may change features. We will not make a change that materially reduces the core features of your plan during a paid license term. If we do have to, you may end the affected Order and get a prorated refund of fees paid for the time left.

2.5. We provide support by email (and, on plans that include it, by phone and onboarding help) as described on our pricing page or your Order. We make commercially reasonable efforts to keep Muster available and to give notice of planned maintenance. Unless an Order sets out a service level, we do not promise any particular uptime.

2.6. Trial and demo organizations, where we offer them, are free, may be limited in time or features, are provided as is, and may be deleted after the trial ends. The warranty in section 11.1 and the indemnity in section 12.1 do not apply to a trial organization.

3. Your responsibilities

3.1. You are responsible for your organization's use of Muster: who you add, the roles you give them, the forms you build, and what your people put in.

3.2. You will not, and will not let anyone, (a) use Muster against the law or anyone's rights, including privacy and anti-spam law; (b) put in malicious code or content that is unlawful, harassing or infringing; (c) try to get into data or accounts that are not yours, or test, probe or overload Muster without our written permission; (d) copy, resell or sublicense Muster, or reverse engineer it except where the law allows; or (e) use Muster to build a competing product.

3.3. Muster is not designed for, and you will not use it to store, payment card data, government ID numbers, or health information covered by HIPAA, unless we have agreed in writing (for HIPAA, in a business associate agreement). If your forms ask for sensitive information, such as health or medical details about the people you help, you are responsible for having a lawful basis and any consent or notice the law requires.

3.4. You will keep sign-ins secure, have at least one active administrator, and tell us promptly if you believe an account or your data has been compromised.

4. Authorized users

4.1. "Authorized Users" are the people you, or your administrators, let use Muster under your license: staff, volunteers and contractors. You are responsible for their compliance with these terms.

4.2. Your administrators and office users add people to your organization, and we invite your first administrator by email; nobody can create an account in your organization on their own. You are responsible for checking whom you add and what roles you give them.

4.3. If your organization includes people under 18, you are responsible for any consent their parents or guardians need to give. Muster must not be used by children under 13.

4.4. Members. If you use Muster as a member of an organization, you use it under that organization's license and must follow section 3.2. Your organization controls your account and may change or remove it. Muster is provided to you as is, and Tolytech's responsibilities run to your organization, not to you personally, except where the law says otherwise. Downloading the app through Apple's or Google's app stores or testing programs (such as TestFlight) is also subject to Apple's or Google's terms; Apple and Google are not responsible for Muster or its support.

5. Your data

5.1. "Customer Data" means the information that you and your Authorized Users put into Muster, including profiles, tasks, messages, forms, photos and files. You own it. We claim no ownership of it.

5.2. You give us the right to host, copy, process and show Customer Data only as needed to provide, secure and support Muster for you, and as the law requires. We will not sell it, use it for advertising, or share it with other customers.

5.3. For personal information in Customer Data, you are the business or controller and we are your service provider or processor. We will:

• process it only on your instructions, which are these terms, your Order and your use of Muster's settings;
• make sure the people who can reach it are bound by confidentiality;
• keep appropriate technical and organizational security measures in place, including encryption in transit, a separate database for each organization, and role checks on every request;
• tell you without undue delay, and in any case within 72 hours, after we confirm a breach of security that affects your Customer Data, and give you the information we have so you can meet your own duties to notify;
• help you answer requests from people to see, correct or delete their information, where you cannot do it yourself in Muster;
• not sell or share it as those terms are defined in the California Consumer Privacy Act or similar laws, nor combine it with information from other sources except as the law allows a service provider to; and
• return or delete it when the agreement ends, as section 14.3 sets out.

5.4. We use the subprocessors listed in our Privacy Policy. We will give you at least 30 days' notice, by email or in Muster, before adding or replacing one. If you object on reasonable data protection grounds and we cannot resolve it, you may end the affected Order and get a prorated refund of fees paid for the time left.

5.5. Each organization's data is stored in a region chosen when it is set up, in the United States unless agreed otherwise. We do not move it to another region without your agreement.

5.6. We may collect statistics about how Muster is used (for example, numbers of tasks or active users) that do not identify you or any person, and use them to run and improve Muster.

5.7. If you send us feedback or suggestions, we may use them without any obligation to you.

6. Fees, invoices and license terms

6.1. Your license runs for the term in your Order, usually one year from the day your organization is set up. Fees are as stated in your Order, invoiced up front for the term, and due within 30 days of the invoice date unless the Order says otherwise. Fees are in US dollars and do not include taxes, which you will pay except taxes on our income. If you are tax-exempt, send us your exemption certificate.

6.2. Upgrades take effect right away, with the difference prorated for the rest of your license term. Downgrades take effect at your next renewal. Discounts, such as for registered nonprofits and churches, apply as stated in your Order.

6.3. Licenses do not renew automatically. We will contact you during the last 30 days of your term with a renewal Order. Your license renews when we both accept it.

6.4. If your license ends without renewal, sign-in to your organization pauses at the start of the day it ends (UTC). Your Customer Data is kept, untouched, as section 14.3 sets out, and sign-in resumes as soon as you renew.

6.5. If an invoice is more than 30 days overdue, we may, after giving you at least 14 days' written notice, pause your organization's sign-in until it is paid. We will not pause it during an active response that you have told us about, while the overdue amount is being settled in good faith.

6.6. Fees are non-refundable except as these terms or an Order provide.

7. Suspension for security or misuse

We may suspend an account, or your organization's access, if we reasonably believe it is needed to stop a security threat, a serious breach of section 3.2, or unlawful use, or if the law requires it. We will limit any suspension to what is needed, tell you as soon as we can (beforehand when possible), and restore access once the problem is resolved.

8. Not an emergency service

8.1. Muster is a coordination tool. It is not an emergency, dispatch, alerting or life-safety system, and it does not contact 911 or any emergency service.

8.2. Muster depends on phones, mobile and internet networks, push notification services, power and third-party providers, all of which can be slow, interrupted or unavailable, especially during a disaster. Messages and notifications can be delayed or not delivered, and information shown can be out of date.

8.3. You are responsible for your own safety procedures, for the safety of your people and the people you serve, and for keeping other means of communication and emergency contact. You will not rely on Muster as the only way to call for help, to account for people, or to make decisions where life, health or property is at stake.

9. Confidentiality

Each of us will keep the other's non-public information, received in connection with this agreement, confidential, use it only for this agreement, and protect it with at least reasonable care. This does not apply to information that is or becomes public through no fault of the receiver, that the receiver already had or develops independently, or that it receives lawfully from someone else. Either of us may disclose confidential information when the law requires, after giving the other notice where allowed. Customer Data is your confidential information.

10. Our intellectual property

Muster, its software, design and documentation, and the Muster name and marks belong to Tolytech and its licensors. These terms give you only the rights they state. Your logo and branding remain yours; you let us show them in your organization's Muster so it carries your brand. We will not name you as a customer publicly without your permission.

11. Warranties and disclaimers

11.1. Each of us confirms it has the authority to enter this agreement. We confirm that, during a paid license term, Muster will work materially as described in its documentation, and that we will not knowingly introduce malicious code. If it does not work as described, tell us; we will make reasonable efforts to fix it, and if we cannot within 30 days, you may end the affected Order and get a prorated refund of fees paid for the time left. That is your sole remedy for a breach of this warranty.

11.2. EXCEPT AS SECTION 11.1 STATES, MUSTER IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE EXTENT THE LAW ALLOWS, WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THAT MUSTER WILL BE UNINTERRUPTED, ERROR-FREE OR ALWAYS DELIVER MESSAGES AND NOTIFICATIONS.

12. Indemnities

12.1. We will defend you against any third-party claim that Muster, as we provide it, infringes a United States patent, copyright or trademark, or misappropriates a trade secret, and pay any resulting damages and costs a court awards or that we agree in settlement. If Muster is, or we think it may be, the subject of such a claim, we may get you the right to keep using it, change it so it does not infringe, or end the affected Order and refund fees paid for the time left. This does not apply to claims caused by Customer Data, by combining Muster with something we did not provide, or by use against these terms.

12.2. You will defend us against any third-party claim arising from Customer Data, or from your or your Authorized Users' use of Muster against these terms or the law, and pay any resulting damages and costs a court awards or that you agree in settlement.

12.3. The party asking for defense must tell the other promptly, let it control the defense and settlement (but it may not admit fault for the other party without consent), and give reasonable help at its expense.

13. Limits on liability

13.1. TO THE EXTENT THE LAW ALLOWS, NEITHER OF US WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL OR DATA, HOWEVER CAUSED, EVEN IF WARNED THEY WERE POSSIBLE.

13.2. TO THE EXTENT THE LAW ALLOWS, EACH PARTY'S TOTAL LIABILITY ARISING FROM THIS AGREEMENT WILL NOT EXCEED THE FEES YOU PAID AND OWED FOR MUSTER IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE LIABILITY. FOR A TRIAL ORGANIZATION, OUR TOTAL LIABILITY IS LIMITED TO US$100.

13.3. The limits in 13.1 and 13.2 do not apply to your obligation to pay fees, to either party's obligations under section 12, or to liability for gross negligence, willful misconduct or fraud, or that cannot be limited by law.

14. Term and ending

14.1. This agreement lasts while any Order is in effect.

14.2. Either of us may end this agreement or an Order if the other materially breaches it and does not fix the breach within 30 days of written notice. If you end it for our breach, we will refund fees paid for the time left. If we end it for your breach, you will pay any unpaid fees for the rest of the term.

14.3. When a license ends, by expiry or otherwise, we keep your Customer Data for at least 90 days so you can renew or take a copy; on request in that time we will give you an export in a common format such as CSV, along with the photos and files. After 90 days we may delete it, after telling you at least 30 days beforehand. Once deleted, it leaves our backups as they expire, within 30 days. We may keep a copy where the law requires us to, and will keep protecting it under these terms.

14.4. Sections 5, 6 (for fees owed), 9 to 13, 14.3, 15 and any others that by their nature should survive will survive the end of this agreement.

15. General

15.1. Changes to these terms. We may update these terms. We will post the new version here and email your administrators or billing contact at least 30 days before a material change takes effect. A change that materially reduces your rights applies to you from your next renewal, unless you agree earlier.

15.2. Governing law and venue. These terms are governed by the laws of the State of Ohio, without regard to its conflict-of-law rules. The state and federal courts located in Ohio have exclusive jurisdiction, and both of us consent to them. If you are a government entity that the law requires to use its own governing law or venue, that law and venue apply instead.

15.3. Notices. We send notices to the administrator or billing contact you give us; you send them to hello@muster-volunteer.com. Notices by email are received when sent, unless the sender learns they did not arrive.

15.4. Assignment. Neither of us may assign this agreement without the other's consent, except to a successor in a merger, acquisition or sale of all or substantially all of its relevant business or assets, with notice.

15.5. Force majeure. Neither of us is liable for a delay or failure caused by events beyond its reasonable control, including natural disasters, failures of networks, power or third-party providers, and acts of government, other than a failure to pay.

15.6. Everything else. We are independent contractors. These terms and your Orders are the entire agreement on their subject and replace earlier discussions; terms in your purchase orders do not apply. If a provision cannot be enforced, the rest still applies. Not enforcing a provision is not a waiver of it. Nobody else has rights under this agreement. Each of us will comply with the export and sanctions laws that apply to it. If you are a United States government entity, Muster is commercial computer software provided with only the rights in these terms.

Contact

Tolytech LLC, Ohio, United States
Email: hello@muster-volunteer.com