Swim & Tennis Clubs
Terms of Service
Last Updated: 9/2024
The following Terms of Service (“Terms”) govern your use of Member Splash, including web applications and any software provided by Member Splash (collectively, the “Service”). By accessing or using this Service, you agree to be bound by these Terms.
We may modify these Terms at any time. If we make changes, we will provide notice of such changes by sending an email and/or posting a notice on our website. Continued use of the platform assumes acceptance of new terms.
1. Term
This Agreement is effective as of the date a representative from your organization submits the New Customer Registration Form (“Effective Date”) and will remain in effect for one year. Thereafter this Agreement will automatically renew annually on the Effective Date for subsequent terms of one year unless either party notifies the other of the intent to not renew at least 30 days prior to the date the Agreement is set to renew.
2. Payment/Refunds
Member Splash is a subscription service and your annual subscription fee is due annually on your Effective Date. A $50 late fee is applied to unpaid accounts 30 days past their due date and every 30 days thereafter. Accounts with outstanding balances more than 30 days past the due date are subject to suspension/cancellation.
It is the responsibility of the Customer to provide Member Splash with accurate and up-to-date billing contact information. By agreeing to these Terms, you agree to notify Member Splash of any changes or updates to your billing contact on file. Outdated or incorrect billing contact information is not grounds for waiving any late fees incurred on overdue accounts.
Subscriptions to Member Splash services are non-refundable and non-transferable.
3. Support
Member Splash is a self-managed platform. Our support team is in place to address features not working as designed. Our standard support hours are noon – 9pm Eastern time, Monday – Friday excluding holidays but we monitor and respond to priority tickets outside of those hours, especially around peak times for our customers like Memorial Day Weekend.
4. Intellectual property
While Member Splash owns all the software and technology included in the Service, Customer remains the sole owner of membership data. You have the right to use the Service for as long as you are a paying customer in good standing including any materials we might create for you in conjunction with use of the Service, such as logos, email templates, etc. If Service is terminated for any reason, so is your right to use those things after the end of the current Term of Service.
Unless we receive your prior written consent we will never access or use your data other than as necessary to provide the Service to you. We will never give any third party access to your data with the exception of such third party service providers that we may contract with to provide the Service.
We will retain all of your data for the duration of this Agreement and any subsequent terms. We will maintain regular secure backups of that data. In the event that Service is terminated by either party we will retain your data and provide access until the end of the Term.
More information on Member Splash’s privacy policy and acceptable use policy is available on MemberSplash.com.
5. Disputes and Terminating Service
If there is an interruption of service due to anything other than force majeure (an Act of God — ex, hurricane) it is covered by our Service Level Agreement (“SLA”) which you can find here: https://membersplash.com/service-level-agreement/
In the event of a material breach of Service (“Breach”) — defined as a failure of the Service to work as designed in such a way that it critically impacts your business and for which there is no reasonable short term work around — we pledge to have it corrected within three (3) days of notification via support ticket or you will receive service credit for time impacted starting from when the initial support ticket is received.
These Terms and Member Splash service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in the state of California.
6. Limitations of Liability
We may provide access to or enable the use of third-party tools, software, and integrations (collectively, “Third-Party Tools”) for your convenience. We shall not be held liable for any damages, losses, or issues arising from your use of, or inability to use, any Third-Party Tools, including but not limited to issues related to the transmission of data, compatibility, service availability, or any errors or failures associated with Third-Party Tools. You acknowledge that any reliance on Third-Party Tools is at your sole risk, and any interaction with such tools is governed solely by the terms and conditions provided by the respective third parties.
Neither party shall be liable to the other party for exemplary, punitive, special, incidental, indirect or consequential damages including without limitation, interruption of business, lost profits, lost or corrupted data or content, lost revenue arising out of this agreement (including without limitation the service, the use of the service or the inability to use service), even if the party has been advised of the possibility of such damages.
HOA & Property Management Companies
Terms of Service
Last Updated: 9/2024
The following Terms of Service (“Terms”) govern your use of Member Splash, including web applications and any software provided by Member Splash (collectively, the “Service”). By accessing or using this Service, you agree to be bound by these Terms.
We may modify these Terms at any time. If we make changes, we will provide notice of such changes by sending an email and/or posting a notice on our website. Continued use of the platform assumes acceptance of new terms.
1. Term
This Agreement is effective as of the date a representative from your organization submits the New Customer Registration Form (“Effective Date”) and will remain in effect for one year. Thereafter this Agreement will automatically renew annually on the Effective Date for subsequent terms of one year unless either party notifies the other of the intent to not renew at least 30 days prior to the date the Agreement is set to renew.
2. Payment/Refunds
Member Splash is a subscription service and your annual subscription fee is due annually on your Effective Date. A $50 late fee is applied to unpaid accounts 30 days past their due date and every 30 days thereafter. Accounts with outstanding balances more than 30 days past the due date are subject to suspension/cancellation.
It is the responsibility of the Customer to provide Member Splash with accurate and up-to-date billing contact information. By agreeing to these Terms, you agree to notify Member Splash of any changes or updates to your billing contact on file. Outdated or incorrect billing contact information is not grounds for waiving any late fees incurred on overdue accounts.
Subscriptions to Member Splash services are non-refundable and non-transferable.
3. Support
Member Splash is a self-managed platform. Our support team is in place to address features not working as designed. Our standard support hours are noon – 9pm Eastern time, Monday – Friday excluding holidays but we monitor and respond to priority tickets outside of those hours, especially around peak times for our customers like Memorial Day Weekend.
4. Intellectual property
While Member Splash owns all the software and technology included in the Service, Customer remains the sole owner of membership data. You have the right to use the Service for as long as you are a paying customer in good standing including any materials we might create for you in conjunction with use of the Service, such as logos, email templates, etc. If Service is terminated for any reason, so is your right to use those things after the end of the current Term of Service.
Unless we receive your prior written consent we will never access or use your data other than as necessary to provide the Service to you. We will never give any third party access to your data with the exception of such third party service providers that we may contract with to provide the Service.
We will retain all of your data for the duration of this Agreement and any subsequent terms. We will maintain regular secure backups of that data. In the event that Service is terminated by either party we will retain your data and provide access until the end of the Term.
More information on Member Splash’s privacy policy and acceptable use policy is available on MemberSplash.com.
5. Disputes and Terminating Service
If there is an interruption of service due to anything other than force majeure (an Act of God — ex, hurricane) it is covered by our Service Level Agreement (“SLA”) which you can find here: https://membersplash.com/service-level-agreement/
In the event of a material breach of Service (“Breach”) — defined as a failure of the Service to work as designed in such a way that it critically impacts your business and for which there is no reasonable short term work around — we pledge to have it corrected within three (3) days of notification via support ticket or you will receive service credit for time impacted starting from when the initial support ticket is received.
These Terms and Member Splash service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in the state of California.
6. Limitations of Liability
We may provide access to or enable the use of third-party tools, software, and integrations (collectively, “Third-Party Tools”) for your convenience. We shall not be held liable for any damages, losses, or issues arising from your use of, or inability to use, any Third-Party Tools, including but not limited to issues related to the transmission of data, compatibility, service availability, or any errors or failures associated with Third-Party Tools. You acknowledge that any reliance on Third-Party Tools is at your sole risk, and any interaction with such tools is governed solely by the terms and conditions provided by the respective third parties.
Neither party shall be liable to the other party for exemplary, punitive, special, incidental, indirect or consequential damages including without limitation, interruption of business, lost profits, lost or corrupted data or content, lost revenue arising out of this agreement (including without limitation the service, the use of the service or the inability to use service), even if the party has been advised of the possibility of such damages.
HOA/Property Management Single Site Terms
The Customer acknowledges and agrees that the use of the Member Splash platform provided under this Agreement is limited to the operation and management of a single community or Homeowners Association (HOA). The Customer shall not use, or permit the use of, the platform to operate or manage more than one community without the express written consent of the Provider. However, the Customer is permitted to sell memberships through the platform to individuals who are not members of the community or HOA. Any breach of this provision shall be considered a material breach of this Agreement and may result in immediate suspension or termination of access to the Member Splash platform.
Pool Management Companies
Terms of Service
Last Updated: 9/2024
The following Terms of Service (“Terms”) govern your use of Member Splash, including web applications and any software provided by Member Splash (collectively, the “Service”). By accessing or using this Service, you agree to be bound by these Terms.
We may modify these Terms at any time. If we make changes, we will provide notice of such changes by sending an email and/or posting a notice on our website. Continued use of the platform assumes acceptance of new terms.
1. Term
This Agreement is effective as of the date a representative from your organization submits the New Customer Registration Form (“Effective Date”) and will remain in effect for one year. Thereafter this Agreement will automatically renew annually on the Effective Date for subsequent terms of one year unless either party notifies the other of the intent to not renew at least 30 days prior to the date the Agreement is set to renew.
2. Payment/Refunds
Member Splash is a subscription service and your annual subscription fee is due annually on your Effective Date. A $50 late fee is applied to unpaid accounts 30 days past their due date and every 30 days thereafter. Accounts with outstanding balances more than 30 days past the due date are subject to suspension/cancellation.
It is the responsibility of the Customer to provide Member Splash with accurate and up-to-date billing contact information. By agreeing to these Terms, you agree to notify Member Splash of any changes or updates to your billing contact on file. Outdated or incorrect billing contact information is not grounds for waiving any late fees incurred on overdue accounts.
Subscriptions to Member Splash services are non-refundable and non-transferable.
3. Support
Member Splash is a self-managed platform. Our support team is in place to address features not working as designed. Our standard support hours are noon – 9pm Eastern time, Monday – Friday excluding holidays but we monitor and respond to priority tickets outside of those hours, especially around peak times for our customers like Memorial Day Weekend.
4. Intellectual property
While Member Splash owns all the software and technology included in the Service, Customer remains the sole owner of membership data. You have the right to use the Service for as long as you are a paying customer in good standing including any materials we might create for you in conjunction with use of the Service, such as logos, email templates, etc. If Service is terminated for any reason, so is your right to use those things after the end of the current Term of Service.
Unless we receive your prior written consent we will never access or use your data other than as necessary to provide the Service to you. We will never give any third party access to your data with the exception of such third party service providers that we may contract with to provide the Service.
We will retain all of your data for the duration of this Agreement and any subsequent terms. We will maintain regular secure backups of that data. In the event that Service is terminated by either party we will retain your data and provide access until the end of the Term.
More information on Member Splash’s privacy policy and acceptable use policy is available on MemberSplash.com.
5. Disputes and Terminating Service
If there is an interruption of service due to anything other than force majeure (an Act of God — ex, hurricane) it is covered by our Service Level Agreement (“SLA”) which you can find here: https://membersplash.com/service-level-agreement/
In the event of a material breach of Service (“Breach”) — defined as a failure of the Service to work as designed in such a way that it critically impacts your business and for which there is no reasonable short term work around — we pledge to have it corrected within three (3) days of notification via support ticket or you will receive service credit for time impacted starting from when the initial support ticket is received.
These Terms and Member Splash service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in the state of California.
6. Limitations of Liability
We may provide access to or enable the use of third-party tools, software, and integrations (collectively, “Third-Party Tools”) for your convenience. We shall not be held liable for any damages, losses, or issues arising from your use of, or inability to use, any Third-Party Tools, including but not limited to issues related to the transmission of data, compatibility, service availability, or any errors or failures associated with Third-Party Tools. You acknowledge that any reliance on Third-Party Tools is at your sole risk, and any interaction with such tools is governed solely by the terms and conditions provided by the respective third parties.
Neither party shall be liable to the other party for exemplary, punitive, special, incidental, indirect or consequential damages including without limitation, interruption of business, lost profits, lost or corrupted data or content, lost revenue arising out of this agreement (including without limitation the service, the use of the service or the inability to use service), even if the party has been advised of the possibility of such damages.
Pool Management Company Single Site Terms
The Pool Management Company (hereinafter referred to as the “Provider”) acknowledges and agrees that the use of the Member Splash platform provided under this Agreement is limited to the operation and management of a single Swim Club or Pool (hereinafter referred to as the “Customer”). The Provider shall not use, or permit the use of, the platform to operate or manage more than one Customer without the express written consent of Member Splash. However, the Provider is permitted to sell memberships through the platform to individuals who are not members of the Customer. Any breach of this provision shall be considered a material breach of this Agreement and may result in immediate suspension or termination of access to the Member Splash platform.
Service Commitment Agreement
Service Level Agreement
This Member Splash Service Level Agreement (“SLA”) between Member Splash (“Member Splash”, “us” or “we”) and users of the Member Splash Services (“you”) governs the use of the Member Splash membership platform (“Services”) under the provisions of the Member Splash Terms of Service.
Unless otherwise provided herein, this SLA is subject to the provisions of the Terms.
1. Member Splash Service Commitment: 99.95% Uptime
Member Splash will use commercially reasonable efforts to make your Member Splash site available with a Monthly Uptime Percentage of at least 99.95% during any monthly billing cycle (the “Service Commitment”). Subject to the SLA Exclusions, if we do not meet the Service Commitment, you will be eligible to receive a Service Credit.
A Monthly Uptime Percentage of 99.95% means that we guarantee you will experience no more than ~22 min/month of Unavailability.
2. Definitions
“Maintenance” means scheduled Unavailability of the Services.
“Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which the Services were Unavailable. Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any SLA Exclusion.
“Service Credit” means a credit denominated in US dollars, calculated as set forth below, that we may credit back to an eligible account.
“Unavailable” and “Unavailability” mean when your service is not running or not reachable due to Member Splash’s fault.
3. Service Commitments and Service Credits
Service Credits are calculated as a percentage of the prorated monthly fee for your Services, to be applied to your next annual invoice.
For example, if the Service is Unavailable for 1 hour (exceeding the 99.95% uptime guarantee) you would be eligible for a Service Credit for the entire hour. The amount of the credit would equal ( your annual fee / 525,600 (number of minutes in a year) ) * 60 (minutes of Unavailability). This amount would be credited on your next invoice for service.
We will apply any Service Credits only against future payments for the Services otherwise due from you. Service Credits will not entitle you to any refund or other payment from Member Splash. Service Credits may not be transferred or applied to any other account.
4. Sole Remedy
Unless otherwise provided in the Terms, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the Services is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA.
5. Credit Request and Payment Procedures
To receive a Service Credit, you must submit a report of outage at the time of the incident by either contacting our Support Center and indicating the URL of the affected site as well as the nature of the service interruption. To be eligible, the credit request must be received by us by the end of the day in which the claimed outage occurred. All Member Splash sites are monitored constantly via a third party monitoring platform to ensure availability and alert our team immediately in the event of an outage. The service availability logs from the monitoring platform will be considered the authoritative determinant of service availability.
Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.
6. SLA Exclusions
The Service Commitment does not apply to any Unavailability:
- That results from a suspension or Remedial Action, as described in the Terms;
- Caused by factors outside of our reasonable control, including any force majeure event, Internet access, or problems beyond the demarcation point of the Member Splash network, such as loss of internet access at a club or issues with an Internet Service Provider that prevent access to the Member Splash Services when those Services are otherwise verifiably running and reachable as reported by the third party monitoring platform;
- That results from any actions or inactions of you or any third party;
- That results from the equipment, software or other technology of you or any third party (other than third party equipment within our direct control);
- That results from any Maintenance.
If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.
