Terms of Service

These Terms of Service ("Terms") govern your access to and use of PBISario, a browser-based structured-lunch management service operated by Aronnax LLC ("we", "us"). By creating an account or using the service, you agree to these Terms on behalf of yourself and, if you are registering on behalf of a school or district, on behalf of that institution.

1. Acceptance of Terms

By clicking "Start Free Trial," creating an account, or otherwise accessing PBISario, you represent that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the service.

2. Accounts and Eligibility

• PBISario is sold to K-12 schools and districts. Accounts may only be created by adults with authority to bind their school or district to these Terms.
• Individual staff accounts are created by the school administrator and must be used only by the named staff member. Account credentials may not be shared.
• You are responsible for keeping your credentials confidential and for all activity on your account. Notify us immediately at [email protected] if you suspect unauthorized use.

3. Permitted Use

PBISario is licensed to the subscribing school or district for internal educational use — running structured lunch sessions on school devices and displays. You agree not to (a) resell, sublicense, or redistribute the service; (b) reverse-engineer, scrape, or attempt to extract our music catalog for use outside the service; (c) use the service to transmit unlawful, harassing, or inappropriate content; or (d) use the service in any manner that infringes a third party's intellectual property rights.

4. Subscription and Billing

• PBISario operates on a subscription model with monthly or annual billing. Current pricing is shown on our Pricing page; prices in effect at checkout are billed.
• Payments are processed by Stripe. By providing payment information you authorize us to charge the applicable fees to that method on each billing cycle.
• Free-trial accounts automatically convert to a paid subscription at the end of the trial unless canceled. You may cancel at any time through your billing page; cancellation takes effect at the end of the current paid period.
• Fees are non-refundable except where required by law. Overdue accounts may be suspended after notice.

5. Student Data

PBISario is designed so that individually identifying student data is not required for operation. To the extent the school chooses to submit student data (e.g., in announcements or graphics), that data is processed under our Privacy Policy and in accordance with FERPA and COPPA. The school remains the data controller; PBISario processes such data solely on the school's behalf and only as needed to provide the service.

6. Service Changes

We continuously improve PBISario. We may add, modify, or retire features at our discretion. Material adverse changes affecting a paid subscription will be communicated to school administrators with reasonable notice. We reserve the right to update these Terms; the "Last updated" date at the top reflects the most recent revision. Continued use after the effective date constitutes acceptance of the revised Terms.

7. Termination

You may terminate your subscription at any time through your billing page. We may suspend or terminate an account for (a) non-payment, (b) breach of these Terms, or (c) use that threatens the security or availability of the service. Upon termination, your data will be handled as described in the Privacy Policy — generally returned or deleted within 30 days of a written request.

8. Warranties and Disclaimers

PBISario is provided "as is" and "as available." We make commercially reasonable efforts to keep the service secure and available but do not warrant uninterrupted operation. To the fullest extent permitted by law, we disclaim all implied warranties including merchantability, fitness for a particular purpose, and non-infringement.

9. Limitation of Liability

To the fullest extent permitted by law, PBISario's aggregate liability arising out of or related to the service is limited to the fees you have paid in the twelve (12) months preceding the claim. In no event are we liable for indirect, incidental, special, or consequential damages, or for loss of data, profits, or goodwill, even if advised of the possibility of such damages.

10. Governing Law

These Terms are governed by the laws of the State of Georgia, United States, without regard to conflict-of-law principles. Any dispute arising under these Terms will be brought in the state or federal courts located in Gwinnett County, Georgia, and the parties consent to the jurisdiction of those courts.

11. Contact Us

Questions about these Terms can be directed to [email protected].

Arbitration & Dispute Clause

N. Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. IT REQUIRES YOU AND ARONNAX LLC TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL, BINDING ARBITRATION, AND IT CONTAINS A CLASS-ACTION WAIVER. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED BELOW.

1. Scope and Parties. For purposes of this Section, "Company," "we," or "us" means Aronnax LLC and its affiliates, and their respective officers, directors, employees, and agents. "You" means the individual or the school, district, or institution you are authorized to bind. This Section applies to any dispute, claim, or controversy of any kind  whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory — arising out of or relating in any way to relayPTC (the "Service"), these Terms, our Privacy Statement, or the breach, termination, enforcement, interpretation, or validity thereof (each, a "Dispute"). The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this Section.

2. Informal Resolution First (Notice of Dispute). Most concerns can be resolved quickly. Before starting an arbitration, you must first send a written Notice of Dispute describing the claim and the relief sought to [email protected] and to Aronnax LLC, 2370 Main St. NW Apt 3220, Duluth, Ga 30097. We will do the same for any claim we have against you. You and the Company agree to work in good faith to resolve the Dispute for at least sixty (60) days after the Notice of Dispute is received. If the Dispute is not resolved within that period, either party may begin arbitration. This informal-resolution requirement is a condition precedent to arbitration, and the applicable limitations period is tolled while the parties comply.

3. Your Right to Opt Out (30 Days). You may opt out of this arbitration agreement within thirty (30) days of the date you first accept these Terms by sending written notice of your decision to opt out to [email protected]  with the subject line "Arbitration Opt-Out," including your name and the account or school it concerns. Opting out will not affect any other part of these Terms. If you opt out, and we have not otherwise agreed to arbitrate, disputes will be resolved in the courts identified in the "Governing Law" section.

4. Binding Individual Arbitration; Administrator and Rules. Except for the matters carved out in Section 6, any Dispute not resolved informally shall be resolved exclusively by final and binding individual arbitration, and not in a court, administered by the American Arbitration Association ("AAA") under its [Commercial Arbitration Rules] then in effect (the "AAA Rules"), as modified by this Section. The AAA Rules and filing forms are available at www.adr.org or by calling 1-800-778-7879. A single arbitrator will be selected under the AAA Rules and will have exclusive authority to resolve any Dispute, including the threshold question of arbitrability (whether a Dispute is subject to arbitration) except that a court, not an arbitrator, shall decide any challenge to the enforceability of the Class Action Waiver in Section 5.3.

5. Waivers.

5.1 Jury Trial Waiver. YOU AND THE COMPANY EXPRESSLY AND IRREVOCABLY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND TO HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. Instead, disputes are resolved by a neutral arbitrator.

5.2 Individual Basis Only. Arbitration will be conducted only on an individual basis and not in a class, consolidated, or representative action.

5.3 Class Action & Representative Action Waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding. If this specific waiver is found unenforceable as to a particular claim or request for relief, then that claim or request (and only that one) shall be severed and brought in a court of competent jurisdiction, while all other claims proceed in arbitration.

6. Exceptions (What Is Not Arbitrated). Notwithstanding the above:

• (a) Small claims. Either party may bring an individual action in small claims court for any Dispute within that court's jurisdiction.
• (b) Intellectual property. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of that party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, or unauthorized access to or misuse of the Service or student data.
• (c) Sexual assault / harassment. Consistent with the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2022 (9 U.S.C. §§ 401-402), if a Dispute relates to a sexual-assault or sexual-harassment claim, you may elect to bring that claim in court rather than arbitration.

7. Arbitration Location and Fees. The arbitration will take place in Duluth, Ga, or, at your election, in the U.S. county where you reside or work, or by telephone or video conference, or at another mutually agreed location. Payment of filing, administration, and arbitrator fees is governed by the AAA Rules; however, for any individual claim seeking $75,000 or less in damages that is non-frivolous, the Company will pay the AAA filing and arbitrator fees for which you would otherwise be responsible under the AAA Rules. The arbitrator may award the same individual damages and relief a court could award to an individual under applicable law.

8. Coordinated / Mass Filings. If 25 or more Notices of Dispute raising similar claims are submitted by or with the assistance of the same or coordinated counsel, the parties agree the claims shall be administered in staged "batches" of no more than 50 claimants at a time (with a small number of bellwether arbitrations proceeding first), as the AAA's mass-arbitration or supplementary rules provide, to promote efficiency and reasonable cost. Statutes of limitation are tolled for claimants awaiting a later batch.

9. Confidentiality. Except as necessary to enforce an award, comply with law, or protect a party's rights, the parties will keep the existence, content, and results of any arbitration confidential.

10. Finality. The arbitrator's award is final and binding, and judgment on it may be entered in any court of competent jurisdiction. Review of the award is limited to the grounds provided by the Federal Arbitration Act.

11. Survival and Severability. This Section survives termination of these Terms and closure of your account or subscription. If any part of this Section (other than the Class Action Waiver in Section 5.3, which is governed by its own terms above) is found unenforceable, that part will be severed and the remainder of this Section will continue in full force and effect.

12. Changes to This Section. If we make a material change to this Section, we will provide notice, and the change will apply prospectively to Disputes of which neither party had actual notice on the effective date. Your continued use of the Service after the change takes effect constitutes acceptance of the updated Section, subject to your opt-out right in Section 3.