Terms of service

These Terms are between Tributary Studios LLC, a Minnesota limited liability company ("Tributary," "we," "us"), provider of dooMO, and the organization whose account uses the Service ("Customer" or "you").

You accept these Terms when you click "I agree," create an account, claim an invitation, sign an order form, or otherwise use the Service. If you accept these Terms on behalf of an organization, you represent that you have authority to bind that organization. If you do not have that authority, you may not use the Service.

Tributary provides dooMO, a facility task and maintenance management service for organizations. dooMO includes task creation, assignment, comments, photos and image attachments, member and building management, organization administration, notifications, exports, and related functionality that we make available from time to time.

Features vary by plan, platform, and user role.

dooMO is not an emergency dispatch, life-safety, incident-command, or time-critical response system. Customers must use their existing emergency and safety channels for urgent safety issues.

Each account is for one individual person. Sharing one login among multiple people is not permitted.

You are responsible for keeping account credentials confidential and for all activity under your account. You agree to provide accurate account information and to promptly notify us of suspected unauthorized access.

Authentication is handled through Firebase Authentication and supported sign-in providers. dooMO does not store plaintext passwords.

Each Customer account is organized as an "organization." An organization may have one or more administrators who manage the organization's account, members, buildings, invitations, roles, and access.

dooMO currently supports these user roles: organization admin; building admin; custodian; requester.

Administrators are responsible for configuring access, assigning roles, removing users who no longer need access, and managing the actions of their organization's users within dooMO.

You agree not to:

• use dooMO for unlawful, fraudulent, abusive, or harmful purposes;
• attempt to gain unauthorized access to any account, organization, building, data, or system;
• interfere with or disrupt dooMO or its infrastructure;
• upload malicious code or harmful content;
• submit data you do not have permission to use;
• submit protected health information regulated by HIPAA;
• submit payment card data into task fields, comments, attachments, support messages, or any area outside Stripe-hosted billing pages;
• submit government-classified information;
• use dooMO as an emergency dispatch, life-safety, incident-command, or other time-critical response system;
• circumvent role-based restrictions, rate limits, or security measures;
• scrape, reverse engineer, decompile, or attempt to derive source code, except where applicable law does not allow that restriction;
• use dooMO to build a competing product or benchmark it publicly without our written consent.

"Customer Data" means content and information submitted to dooMO by Customer or its authorized users, including task descriptions, comments, photos and image attachments, building data, member rosters, invitations, notification settings, and related metadata.

As between the parties, Customer retains all rights in Customer Data. Tributary does not claim ownership of Customer Data.

Customer grants Tributary a limited, worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, process, store, secure, and support Customer Data solely as needed to: provide and operate dooMO; maintain and secure the Service; troubleshoot errors; provide support; comply with law; enforce these Terms; perform wind-down, export, deletion, or retention activities described in these Terms, the Privacy Policy, an applicable order form, or an applicable Data Processing Addendum.

Customer is responsible for the accuracy, quality, legality, and permissions for Customer Data. Customer is also responsible for decisions, assignments, messages, tasks, work performed, and work not performed by Customer or its users based on Customer Data or use of dooMO.

Our Privacy Policy explains how we collect, use, store, and share information.

For most Customer Data, Customer acts as the controller, business, educational agency, or equivalent data owner, and Tributary processes Customer Data on Customer's behalf.

For account-level, billing, support, security, and operational information, Tributary may act as an independent controller or business where applicable law recognizes those roles.

A Data Processing Addendum ("DPA") may apply when it is signed, incorporated into an order form, incorporated into a mutually accepted agreement, or otherwise expressly agreed by the parties. If there is a conflict between these Terms and an applicable DPA, the DPA controls only for the processing of Customer Data, Personal Data, Student Data, or Education Records covered by that DPA. The current DPA is available on our Data Processing Addendum page.

Nothing in these Terms shifts to Customer any legal obligation that applies directly to Tributary.

If Customer is a public school district or other government customer whose purchase order or written public-sector terms expressly supersede vendor website terms, click-wrap terms, privacy policies, or data processing terms, those public-sector transaction terms control over conflicting provisions of these Terms, the Privacy Policy, or any applicable DPA.

dooMO is intended for use by authorized adult staff. Students should not be invited as users.

Because dooMO includes free-text fields, comments, locations, photos, and image attachments, Customer is responsible for:

• training staff to avoid entering unnecessary student personally identifiable information;
• limiting task content to information needed for the facility or maintenance purpose;
• configuring access based on role and building need;
• promptly removing users who no longer need access;
• reviewing, correcting, deleting, or requesting redaction of content that should not have been submitted.

Tributary will reasonably assist authorized school-district representatives with access, correction, export, deletion, or redaction requests using available product tools and support processes.

dooMO is offered in Free and paid tiers. Paid-tier prices and features are shown at checkout, in the Service, in an order form, or in another written agreement.

Billing is processed by Stripe. Payment card and bank details are entered directly into Stripe-hosted pages and do not pass through dooMO servers.

Billing cycle. Paid subscriptions are billed in advance for each monthly or annual subscription period unless an order form states otherwise. Fees are exclusive of taxes unless stated otherwise. Customer is responsible for applicable taxes.

Automatic renewal. YOUR PAID SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR SUCCESSIVE PERIODS OF THE SAME LENGTH AT THE THEN-CURRENT PRICE UNLESS YOU CANCEL BEFORE THE NEXT RENEWAL DATE. You may cancel through the Stripe Customer Portal accessible from dooMO. Cancellation takes effect at the end of the current billing period. A signed order form may set a different renewal, cancellation, invoicing, or notice process.

Price changes. We may change paid-tier prices with at least 30 days' notice by email to the organization administrator, in-product notice, or both. New prices take effect on the next renewal after the notice period. If Customer does not accept a price change, Customer may cancel before the new price takes effect.

Refunds. Fees are non-refundable except as required by law or expressly stated in a signed order form. If Tributary terminates a paid subscription for convenience, Tributary will refund prepaid unused fees on a pro-rata basis. Tributary may issue credits or refunds in its discretion for significant service-side failures, but a discretionary credit or refund does not create a right to future credits or refunds.

Late payment. If payment fails, we may retry collection through Stripe and notify the organization administrator. Customer's organization will remain on the paid tier for up to 14 days while we attempt to collect payment. If payment still has not succeeded by the end of that grace period, the organization may be downgraded to the Free tier, and paid-tier features may stop being available.

Free tier. The Free tier is subject to the limits shown in the Service and may be modified or discontinued with notice.

We work to keep dooMO available, but we do not commit to a specific uptime percentage for Free or standard paid tiers unless a signed agreement states otherwise.

We may perform scheduled maintenance with advance notice where practical. We may perform emergency maintenance without notice when needed to protect dooMO, Customer Data, users, or infrastructure.

Support is provided on a commercially reasonable, best-effort basis unless a signed order form, support plan, or service level agreement states otherwise.

We may offer beta, preview, experimental, or early-access features that are labeled or described as such.

Beta features are provided "as is," without warranty, support commitment, or service level commitment. We may modify, suspend, or discontinue beta features at any time.

Customer termination. Customer may cancel a paid subscription through the Stripe Customer Portal unless a signed order form states otherwise. Cancellation takes effect at the end of the current billing period. An organization administrator may close or archive the organization using available product tools where supported.

Termination by Tributary for cause. We may suspend or terminate access to dooMO, in whole or in part, if: Customer materially breaches these Terms; Customer fails to pay after the payment grace period; continued access creates a security, legal, operational, or abuse risk; Customer or its users misuse dooMO. We will provide notice where feasible.

Termination by Tributary for convenience. We may terminate a paid subscription for convenience on 30 days' notice. If we do, we will refund prepaid unused fees on a pro-rata basis.

Effect of termination. When access ends, Customer's right to use dooMO ends. Customer may access and export Customer Data through available product features while the organization remains active. For 30 days after termination or organization closure, Customer may request support-assisted export or retrieval where technically feasible and legally permitted. The 30-day post-termination period is a support request window, not a promise that all Customer Data is automatically retained for exactly 30 days or automatically deleted after 30 days. After termination, deletion, de-identification, retention, and backup handling are governed by the Privacy Policy, applicable DPA, applicable order form, available product tools, provider backup settings, legal obligations, dispute needs, security needs, and accounting obligations.

Tributary and its licensors own dooMO, including software, interfaces, documentation, trademarks, design, and the look and feel of the Service.

Subject to these Terms, we grant Customer a limited, non-transferable, non-exclusive right to access and use dooMO during the applicable subscription term.

Customer owns Customer Data.

If Customer or its users send feedback, suggestions, or ideas to Tributary, Customer grants Tributary a non-exclusive, perpetual, irrevocable, royalty-free right to use that feedback without restriction or obligation.

Each party may receive information from the other party that is marked confidential or should reasonably be understood to be confidential ("Confidential Information").

The receiving party will: use the same degree of care it uses to protect its own similar confidential information, and no less than reasonable care; use Confidential Information only to perform under these Terms; disclose Confidential Information only to employees, contractors, service providers, or advisors who need to know it and are bound by confidentiality obligations.

Confidential Information does not include information that is public, already known without confidentiality obligation, independently developed without use of Confidential Information, or rightfully received from a third party.

Confidentiality obligations survive termination for 3 years, and indefinitely for trade secrets for as long as they remain trade secrets under applicable law.

By Tributary. Tributary will defend Customer against a third-party claim alleging that dooMO, when used as permitted under these Terms, infringes that third party's United States patent, copyright, or trademark. Tributary will pay amounts finally awarded against Customer or amounts Tributary agrees to pay in settlement. This obligation does not apply to claims arising from: Customer Data; modifications not made by Tributary; combinations with non-dooMO products or services; use in violation of these Terms; use after Tributary provides a non-infringing workaround or termination option.

By Customer. Customer will defend Tributary against a third-party claim arising from: Customer Data; Customer's use of dooMO in violation of these Terms or applicable law; Customer's breach of § 5 or § 6; Customer's misuse of dooMO as an emergency, life-safety, or incident-command system. Customer will pay amounts finally awarded against Tributary or amounts Customer agrees to pay in settlement.

Procedure. The indemnified party must give prompt notice of the claim, allow the indemnifying party to control the defense, and reasonably cooperate. The indemnifying party may not settle a claim in a way that admits fault or imposes obligations on the indemnified party without the indemnified party's consent.

TO THE FULLEST EXTENT PERMITTED BY LAW, DOOMO 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 DOOMO WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE.

TRIBUTARY IS NOT RESPONSIBLE FOR CUSTOMER DATA, CUSTOMER'S INTERNAL WORKFLOW DECISIONS, CUSTOMER'S USERS, OR WORK PERFORMED OR NOT PERFORMED BY CUSTOMER OR ITS USERS.

DOOMO IS NOT AN EMERGENCY DISPATCH, LIFE-SAFETY, INCIDENT-COMMAND, OR TIME-CRITICAL RESPONSE SYSTEM.

BETA FEATURES ARE PROVIDED WITHOUT WARRANTY OR COMMITMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOST GOODWILL, OR LOSS OR CORRUPTION OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT FOR THE CARVE-OUTS BELOW, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS AND DOOMO WILL NOT EXCEED THE GREATER OF: (a) USD $1,000; or (b) the fees paid or payable by Customer to Tributary in the 12 months before the event giving rise to the claim.

The general liability cap above does not apply to:

1. Customer's payment obligations;
2. either party's infringement or misappropriation of the other party's intellectual property rights;
3. Customer's misuse of dooMO in violation of § 5 or § 6;
4. Customer's submission of prohibited data in violation of these Terms;
5. either party's fraud, willful misconduct, or intentional violation of law;
6. liability that cannot be limited under applicable law.

For claims arising from a party's breach of confidentiality obligations, data security obligations, privacy obligations, or obligations under an applicable Data Processing Addendum, the party's total aggregate liability will not exceed the greater of: (a) USD $10,000; or (b) two times the fees paid or payable by Customer to Tributary in the 12 months before the event giving rise to the claim.

This section limits monetary exposure for claims where a party is legally responsible. It does not make Tributary responsible for Customer Data, Customer's instructions, Customer's users, Customer's internal workflows, work performed or not performed by Customer or its users, misuse of dooMO, or use of dooMO for emergency, life-safety, incident-command, or time-critical workflows.

Nothing in this section limits either party's right to seek injunctive or equitable relief for unauthorized access, misuse of Confidential Information, or infringement or misappropriation of intellectual property rights.

Each party represents and warrants that it has authority to enter into these Terms.

Tributary warrants that it will provide dooMO with reasonable care and skill.

Customer warrants that Customer Data and Customer's use of dooMO will not violate applicable law or infringe the rights of any third party.

The following terms apply to the dooMO iOS app.

These Terms are between Customer and Tributary, not Apple. Apple is not responsible for dooMO or its content. The license to use the iOS app is limited to a non-transferable license to use the app on Apple-branded devices owned or controlled by the user, as permitted by Apple's applicable usage rules.

Apple has no obligation to provide maintenance or support for the app. If the app fails to conform to an applicable warranty, the user may notify Apple, and Apple may refund the purchase price, if any, for the app. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.

Tributary, not Apple, is responsible for addressing claims relating to the app or use of the app, including product liability, legal or regulatory compliance, consumer protection, and intellectual property claims.

The user represents that they are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a terrorist-supporting country, and that they are not on any U.S. Government list of prohibited or restricted parties.

Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it.

These Terms are governed by the laws of the State of Minnesota, without regard to conflict-of-laws principles.

Except for disputes subject to a signed order form, public-sector purchase order, or other written agreement with different dispute terms, the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Minnesota for any dispute arising out of or related to these Terms or dooMO.

Before filing a lawsuit, each party will first attempt in good faith to resolve the dispute by written notice and business-level discussions. The notice must describe the dispute and the relief requested. If the parties do not resolve the dispute within 30 days after notice, either party may proceed in court.

There is no mandatory arbitration under these Terms unless the parties expressly agree to arbitration in a signed order form or other written agreement.

To the fullest extent permitted by law, disputes must be brought only on an individual basis and not as a plaintiff, claimant, or class member in any class, collective, consolidated, private-attorney-general, or representative proceeding. This class-action waiver does not apply where prohibited by law or where a public-sector purchase order, district agreement, or other written agreement supersedes it.

Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property, Confidential Information, security, systems, or Customer Data.

If Customer is a public school district, government entity, or other public-sector customer, and Customer's purchase order or written public-sector terms conflict with this section, those public-sector terms control to the extent required by law or expressly accepted by Tributary.

We may update these Terms from time to time. When we do, we will post the revised Terms and update the effective date.

For material changes, we will give organization administrators at least 30 days' prior notice by email, in-product notice, or both.

Continued use of dooMO after the effective date of revised Terms means Customer accepts the revised Terms. If Customer does not accept a material change, Customer may terminate the affected subscription before the effective date and receive a pro-rata refund of prepaid unused fees.

• Entire agreement. These Terms, together with the Privacy Policy and any order form, DPA, or other agreement that references these Terms, are the entire agreement between the parties for the Service and supersede prior agreements on the same subject matter.
• Assignment. Customer may not assign these Terms without Tributary's prior written consent. Tributary may assign these Terms in connection with a merger, acquisition, financing, reorganization, or sale of assets.
• Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
• No waiver. Failure to enforce a provision is not a waiver.
• Force majeure. Neither party will be liable for delay or failure to perform due to causes beyond reasonable control, including natural disasters, labor disputes, internet failures, cloud-provider failures, acts of government, war, terrorism, pandemics, or other events beyond reasonable control. This does not excuse payment obligations.
• Independent contractors. The parties are independent contractors. These Terms do not create a partnership, joint venture, employment relationship, or agency.
• Third-party beneficiaries. Except as stated in § 19 for Apple, there are no third-party beneficiaries.
• Export. Customer will comply with U.S. export control and sanctions laws in its use of dooMO.
• Notices. Notices to Tributary should be sent to: Tributary Studios LLC, 16413 Fanning Ct, Lakeville, MN, Email: support@doomotasks.com. Notices to Customer may be sent to the email address on file for the organization administrator, posted in the Service, or provided through an order form contact.
• Survival. Sections 6, 12, 13, 14, 15, 16, 17, 20, and 22 survive termination to the extent needed to give them effect.

If Customer is a Minnesota public school district, public educational agency, or institution subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, and the Service is purchased under a purchase order, written agreement, or transaction terms that impose Minnesota public-sector data obligations, those public-sector terms control over any conflicting provision in these Terms, the Privacy Policy, the DPA, or any click-wrap or website terms.

For such transactions, Tributary acknowledges that data created, collected, received, stored, used, maintained, or disseminated by Tributary in performing the transaction may be subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13. Tributary will administer such data according to the applicable requirements of Minn. Stat. Ch. 13 as if Tributary were a government entity, solely for purposes of performing the transaction.

To the extent Tributary has access to identifiable student data from a Minnesota public school district, Tributary will use that data only to perform the specific institutional services or functions directed by the district. For that limited purpose, Tributary acknowledges that it is acting as a FERPA "school official" under the district's direct control for the use and maintenance of such data.

Tributary will not use educational data or other nonpublic government data for any commercial purpose, including marketing or advertising to a student or parent. Tributary will not sell, share, or disseminate educational data or other nonpublic government data except as permitted by the applicable district transaction, Minn. Stat. Ch. 13, FERPA, or written district instruction.

Unless renewal of the transaction is reasonably anticipated, Tributary will, within 90 days after expiration of the transaction, return or destroy educational data created, received, or maintained by Tributary pursuant or incidental to the transaction. Upon district request, Tributary will return or destroy documents, data, and other information provided by the district in connection with the transaction, subject to technically necessary backup expiration, legal holds, and records that must be retained by law.

If educational data or other nonpublic government data is subject to a breach of the security of the data, Tributary will disclose to the district all information known to Tributary that is necessary for the district to fulfill its obligations under Minn. Stat. § 13.055.

Any assignee, delegate, contractor, agent, or subprocessor that creates, receives, maintains, or has access to educational data or other nonpublic government data must be subject to the same restrictions and obligations applicable to Tributary for that data.

Tributary Studios LLC
16413 Fanning Ct, Lakeville, MN
Email: support@doomotasks.com