MyShul End User Terms of Service
Effective Date: October 26, 2026
These End User Terms of Service (the “
Terms”) govern your personal use of the MyShul platform. Please read them carefully. They include provisions that limit MyShul’s liability, require disputes to be brought in Florida, and waive your right to a jury trial and to participate in a class action.
1. Introduction, and Who These Terms Apply To
1.1 Parties. These Terms are an agreement between
MYSHUL LLC, a Florida limited liability company with offices at 2843 Pembroke Rd, Suite 3, Hollywood, FL 33020 (“
MyShul,” “
we,” “
us”), and you, an individual using the Services (“
you”).
1.2 Who is covered. These Terms apply to you if you:
(a) create a MyShul account;
(b) sign in to or otherwise use the MyShul platform, website, or mobile applications;
(c) make a payment through the Services, including through a payment link or a MyShul kiosk; or
(d) submit any content, request, or information to the Services.
1.3 If a Shul entered your information and you have not used the Services. A Shul may enter or import information about you into the Services whether or not you have ever used them.
If that is your only connection to MyShul, these Terms do not apply to you and you are not a party to this agreement. In that situation, MyShul holds that information on the instruction of the Shul, the Shul is responsible for its collection and use, and any request regarding those records should be directed to the Shul. The
MyShul Privacy Policy describes how that information is handled. These Terms begin to apply to you if and when you take one of the actions listed in Section 1.2.
1.4 These Terms are not the Shul’s terms. Your membership in, obligations to, and relationship with a Shul are governed by whatever arrangement you have with that Shul. These Terms govern only your use of the MyShul platform.
1.5 Separate terms govern Shuls. The organizations that subscribe to the Services are governed by a separate agreement, the
MyShul Administrator Terms of Service. Those terms are not these Terms, and you are not a party to them.
2. Definitions
“Claimed Account” means a MyShul user account that you have created and verified for yourself, including by verifying a phone number or email address. A Claimed Account exists at the platform level, may be associated with more than one Shul, and is not owned by any Shul.
“Content” means any text, dedication, message, request, or other material you submit to or through the Services.
“Services” means the MyShul software platform, including myshul.com, the MyShul iOS and Android applications, MyShul kiosks, payment links and pages provided through MyShul, and related features.
“Shul” means a synagogue or other organization that subscribes to the Services.
“Shul Data” means data submitted to, or generated within, a Shul’s workspace in the Services, including member records, payment records, notes, and custom fields.
3. Acceptance, Electronic Records, and Consent to Transact Electronically
3.1 How you accept. You accept these Terms by checking the acceptance box presented when you create an account, by clicking a button identified as accepting these Terms, by making a payment through the Services after being presented with a link to these Terms, or by accessing or using the Services.
3.2 Electronic signatures and records. You consent to transact electronically. Your check of an acceptance box, or your click of a button presented together with notice of these Terms, constitutes your electronic signature and has the same legal effect as a handwritten signature under the federal E-SIGN Act and applicable state law.
3.3 Electronic communications. You consent to receive all agreements, notices, disclosures, receipts, invoices, statements, verification codes, and other communications from MyShul electronically, including by email or text message to the contact information associated with your account or provided at the time of a transaction. You are responsible for keeping that contact information accurate and current.
3.4 Records of acceptance. MyShul records, for each acceptance, the identity of the accepting user, the date and time of acceptance, the originating IP address where available, and the version of these Terms then in effect.
3.5 Paper copies. You may request a paper copy of these Terms or of any electronic record by writing to
info@myshul.com. Withdrawing consent to electronic communications will prevent MyShul from providing the Services to you and will require you to stop using them.
4. What MyShul Is, and What MyShul Is Not
4.1 MyShul provides software to Shuls. MyShul provides a synagogue management platform that Shuls use to manage member records, dues, donations, invoices, events, honors, and communications. MyShul provides the software. The Shul runs its own affairs.
4.2 MyShul is not the seller and is not the recipient of your payments. MyShul is not the merchant, seller, or payee for any payment you make through the Services. Each Shul operates through its own payment processing account and is the merchant of record for its own transactions. Funds you pay are received by the Shul, not by MyShul. MyShul is compensated by the Shul under a separate agreement, which may include a fee calculated on funds processed.
4.3 MyShul is not a party to your relationship with your Shul. MyShul is not a party to, and is not responsible for, any dispute between you and a Shul, including any dispute regarding membership, dues, tuition, seats, honors, pledges, donations, amounts owed, refunds, the accuracy of records, or the conduct of any Shul or its personnel.
4.4 The Shul controls its records about you. A Shul decides what information to collect about you, what to record, who on its staff may see it, and how long to keep it.
MyShul does not control, review, or edit what a Shul records about you, and does not change or delete a Shul’s records at your request. Requests to correct or remove information a Shul holds about you must be made to that Shul. Section 18 and the Privacy Policy describe this in more detail.
4.5 No professional advice. MyShul does not provide legal, tax, accounting, financial, or religious advice. MyShul makes no representation regarding the deductibility of any contribution, the tax treatment of any payment, or your obligations under any law.
5. Accounts, Eligibility, and Verification
5.1 Minimum age. You must be at least thirteen (13) years of age to register a MyShul account. MyShul does not knowingly permit account registration by anyone under thirteen (13). If you believe someone under thirteen has registered an account, contact
info@myshul.com.
5.2 Accurate information. You agree to provide accurate, current, and complete information when you create an account and to keep it current, including your name, email address, and phone number.
5.3 Verification. Account creation may require verification of a phone number or email address. MyShul may require additional verification at any time, including before permitting a change to your contact information or payment methods.
5.4 One account per person. Your Claimed Account is personal to you. You may not register an account using a phone number or email address you do not control, register an account on behalf of another person without their authorization, or impersonate any person or organization.
5.5 Your account is yours. A Shul cannot delete your Claimed Account, disable it, or change its credentials. Deletion of a Claimed Account requires a request from you, as described in Section 18.4.
6. Phone Numbers, Shul Associations, and Changes to Your Number
6.1 Phone number as identifier. MyShul uses your phone number as a unique identifier across the platform. This has consequences you should understand before you use the Services.
6.2 How a Shul becomes associated with your account. When a Shul enters or imports a phone number that matches an existing Claimed Account, the Shul is shown the name on that account so that it can confirm it has the right person. If the Shul confirms, your Claimed Account becomes associated with that Shul.
6.3 What an associated Shul can see. Once associated, a Shul can see your name, email address, phone number, mailing address, and the limited payment method details described in Section 8.3 for any payment method you have saved.
Seeing those details does not permit the Shul to charge a payment method you saved yourself; the verification requirement in Section 9 continues to apply.
6.4 Notice of association. MyShul sends you an email when a new Shul is associated with your Claimed Account.
6.5 You cannot remove yourself from a Shul’s records. You may not remove yourself from a Shul’s database through the Services. If you do not want to be associated with a Shul, contact that Shul. You may also write to
info@myshul.com.
6.6 Changed and reassigned phone numbers. You agree to notify MyShul promptly if your phone number changes or is no longer in your control. Because your phone number identifies your account and is used for verification,
a person who later acquires a phone number associated with your account may be able to access that account and the information and payment methods within it, and may be able to receive verification codes sent to that number. MyShul has no way to know that a phone number has been reassigned unless you tell us.
To the maximum extent permitted by law, MyShul is not liable for any access, charge, disclosure, or loss resulting from your failure to notify MyShul that your phone number has changed. To change the phone number associated with your account, contact
info@myshul.com.
7. Account Security and Shared Access
7.1 Your credentials. You are responsible for safeguarding your account credentials and for all activity occurring under your account. You must notify MyShul promptly at
info@myshul.com of any suspected unauthorized access.
7.2 Sharing access. If you permit another person to use your account or your credentials, including a spouse or family member,
you are responsible for everything that person does under your account, including payments they authorize, payment methods they add or remove, content they submit, and information they view. That person will be able to see everything in your account.
7.3 Devices. You are responsible for the security of the devices from which you access the Services and for signing out of shared or public devices.
8. Payments: General Terms
8.1 Payment processing. Payment processing for the Services is provided by Stripe. Each Shul operates through its own Stripe connected account. Your payment is processed to that Shul’s account.
8.2 Card data. Card details are entered through Stripe-hosted input fields.
MyShul does not receive or store full card numbers, CVC or CVV codes, PINs, or magnetic stripe data. Those are handled by Stripe.
8.3 What MyShul stores. For a saved payment method, MyShul stores only limited identifying information: card brand, last four digits, and expiration month and year.
8.4 Authorization. By submitting a payment through the Services, you authorize the charge in the amount and for the purpose presented to you at the time.
8.5 Failed payments. MyShul is not responsible for a payment that fails or is declined, including as a result of an expired card, insufficient funds, a closed account, a bank or card issuer decision, or a declined authorization. You are responsible for keeping your payment information accurate and current, and for any consequence of a failed payment under your arrangement with your Shul.
8.6 Fee offsets. A Shul may present you with an option to cover processing costs, or may configure a required amount to offset those costs.
Whether and how that feature is used is decided by the Shul, not by MyShul. The amount presented to you before you submit a payment is the amount you are authorizing.
8.7 Third-party terms. Your use of a payment method may also be subject to the terms of your card issuer, bank, or payment provider. Those terms are between you and that provider.
9. Payment Methods You Save Yourself
9.1 Saving a payment method. You may save a payment method to your own MyShul account. A payment method you save is associated with your Claimed Account, not with any Shul.
9.2 A Shul cannot charge it without your approval. Administrators at a Shul you are associated with can see the limited details described in Section 8.3.
They cannot charge a payment method you saved yourself without your approval. To charge it, the Shul must send you a payment request. A one-time verification code is sent to you, and the payment proceeds only if you approve it. The request identifies the Shul, the amount, the invoice it relates to, and the schedule if it relates to a recurring rule.
9.3 You may decline. You may decline any payment request without penalty from MyShul. Declining a request does not affect any obligation you may owe your Shul, which is a matter between you and the Shul.
9.4 Scope of a recurring authorization. A payment method you authorize for a specific recurring obligation may be used only for that obligation. It may not be used for one-time charges, for other invoices, or for any other purpose.
9.5 Removing a saved payment method. You may remove a payment method you saved yourself at any time from your account. Removing it does not cancel a recurring rule; see Section 11.
10. Payment Methods Entered by a Shul Administrator
10.1 This section is different. Please read it. This section describes what happens when you give your card details to a Shul administrator rather than entering them yourself. The rules are different from those in Section 9.
10.2 How it works. If you provide your card details to a Shul administrator so that the Shul can charge you, the administrator enters those details into the Services. The details are entered through a Stripe-hosted input field and the credential is held by Stripe.
MyShul does not receive or store the full card number.
10.3 It may be charged again without a verification code. A payment method entered this way may be stored by that Shul and charged again by that Shul, for one-time or recurring charges, without any further verification code and without any further approval from you at the time of the charge.
10.4 Scope. A payment method stored this way is available only to the Shul whose administrator entered it. It is not shared with any other Shul, and it is not added to the payment methods saved to your own account for use elsewhere on the platform.
10.5 Authorization is the Shul’s responsibility, not MyShul’s. Before storing a payment method this way, the administrator must affirmatively confirm that you have given the Shul permission to store it and to charge it for future payments. That confirmation is recorded.
It is a representation by the Shul. It is not verification by MyShul, and MyShul does not independently confirm your authorization. Obtaining, documenting, and maintaining your authorization is the Shul’s responsibility.
10.6 Notice. MyShul may notify you when a payment method is stored under this Section and when it is charged. Any such notice does not make MyShul responsible for the authorization of the charge.
10.7 Removing it. To remove a payment method a Shul stored on your behalf, contact that Shul. Under the Shul’s agreement with MyShul, the Shul is obligated to remove a stored payment method promptly on the cardholder’s request.
If a Shul does not do so, you may contact MyShul at info@myshul.com, and MyShul may remove or disable that stored payment method. MyShul’s decision to act or not to act under this Section is at MyShul’s discretion, and this Section does not give you any right to enforce the Shul’s obligation under its own agreement with MyShul. See Section 27.9.
10.8 The safer alternative. If you would rather not have a card stored this way, save the payment method to your own account instead, where the verification requirement in Section 9 applies to every charge.
11. Recurring Payments
11.1 Setting up a recurring payment. You may set up a recurring payment from your own account against an invoice or obligation presented to you.
11.2 The authorized amount is fixed. A recurring payment is authorized for the amount and schedule presented to you when you set it up. That amount cannot be increased by the Shul. If a Shul changes the amount you owe, the change does not increase your existing recurring authorization, and a new authorization from you is required.
11.3 Payments never exceed the balance. If the balance to which a recurring payment applies is reduced, including because you have made additional payments toward it, the remaining scheduled payments are reduced so that the total collected does not exceed the balance of the invoice being paid.
11.4 Advance notice as a current practice. MyShul currently sends an email approximately five (5) days before a scheduled recurring charge. This is a current practice and not a commitment. MyShul may change or discontinue this practice, and does not guarantee that any particular notice will be sent, delivered, or received. You remain responsible for tracking your own recurring payments.
11.5 Cancelling. You may view, change the payment method for, or cancel a recurring payment at any time by signing in to your account, or by contacting your Shul. Changes take effect according to the billing cycle in place when you make them. Cancelling a recurring payment does not cancel or reduce any obligation you owe your Shul.
11.6 Recurring payments entered by a Shul administrator. A recurring charge against a payment method entered by a Shul administrator under Section 10 is governed by that Section, is not shown or cancellable in your account, and must be addressed with the Shul.
12. Kiosk Payments
12.1 In-person processing. MyShul kiosks process cards in person through a Stripe Terminal reader. Card data is handled by the reader and by Stripe.
12.2 No stored payment methods. Kiosks do not save payment methods. A payment made at a kiosk is a one-time transaction.
12.3 Acceptance at the kiosk. By submitting a payment at a kiosk after being presented with notice of these Terms, you accept them as to that transaction.
12.4 The Shul operates the kiosk. The kiosk is located, configured, and operated by the Shul. The amounts, designations, and purposes it presents are set by the Shul. MyShul is not responsible for the physical security, placement, or availability of any kiosk.
13. Refunds, Disputes, and Chargebacks
13.1 Your Shul decides refunds. MyShul does not decide whether a refund is owed and does not issue refunds on its own initiative. If you want a refund, contact your Shul. If the Shul directs MyShul to process a refund, MyShul will process it through the payment processor, and you will receive an email confirming it.
13.2 No refund commitment. Nothing in these Terms entitles you to a refund from MyShul. MyShul makes no commitment regarding whether, when, or in what amount any refund will be made, and processing time depends on the payment processor and your card issuer or bank.
13.3 Disputes with your Shul. Any dispute regarding an amount charged, an obligation owed, a designation of funds, a receipt, or the accuracy of a record is between you and your Shul.
MyShul is not a party to that dispute and has no obligation to resolve it.
13.4 Chargebacks. If you dispute a charge with your card issuer or bank, that dispute is between you, your issuer or bank, and the Shul as merchant of record.
MyShul is not responsible for the outcome of any chargeback or payment dispute, for any fee or cost associated with it, or for any action a Shul takes in response to it. MyShul may provide transaction records in connection with such a dispute.
14. Receipts, Statements, and Tax
14.1 Automatically generated. Receipts, acknowledgments, invoices, and contribution statements are generated automatically by the Services based on information entered and configured by the Shul.
14.2 No representation as to accuracy or tax treatment. MyShul makes no representation regarding the accuracy, completeness, sufficiency, or tax treatment of any receipt, acknowledgment, invoice, or contribution statement generated through the Services, or regarding the deductibility of any contribution.
14.3 Confirm before you file. You should confirm any document generated through the Services with your Shul and with a qualified accountant or tax advisor before relying on it for any tax filing or other purpose. Responsibility for donor acknowledgment and substantiation rests with the Shul, and responsibility for your own tax filings rests with you.
15. Content You Submit
15.1 What this covers. The Services allow you to submit Content, including dedications, sponsorship text, and similar submissions. This Section governs all Content you submit.
15.2 Submitting a dedication creates a payment obligation. Where a dedication or sponsorship is associated with a payment, submitting it generates an invoice at the time of submission. You are responsible for that invoice according to your arrangement with your Shul.
15.3 Content cannot be edited or withdrawn after submission. Content you submit is final when submitted. It cannot be edited, retracted, or withdrawn through the Services, and it remains part of the associated invoice and transaction record permanently, even if it is later removed from any display. Review your Content carefully before you submit it.
15.4 Automatic display. Content may be displayed automatically, including on screens and displays within a Shul,
without review or approval by MyShul. MyShul does not screen, moderate, verify, or approve Content before it appears.
15.5 If you do not want your name displayed. Where the Services offer the option, submit your Content anonymously. If Content has already been displayed and you do not want it shown, contact your Shul, which controls what appears on its displays.
15.6 Your representations. You represent and warrant that you have all rights necessary to submit your Content, that it does not infringe or violate the rights of any person, that it is not unlawful, defamatory, harassing, obscene, or abusive, and that it does not contain the personal information of another person without that person’s consent.
15.7 License to MyShul. You grant MyShul a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, transmit, display, and distribute your Content as necessary to operate and provide the Services, including to display it as configured by your Shul and to include it in invoices, receipts, and transaction records. This license continues for as long as MyShul holds the Content.
15.8 MyShul’s right to remove. MyShul may, but is not obligated to, remove, refuse to display, or disable access to any Content that MyShul reasonably believes is unlawful, defamatory, harassing, abusive, infringing, or that presents a legal or security risk. MyShul has no obligation to monitor Content, and its removal of any Content does not create any obligation to remove other Content. Removal from a display does not remove Content from an invoice or transaction record.
16. Acceptable Use
16.1 Prohibited conduct. You agree not to:
- use the Services for any unlawful purpose or in violation of any applicable law;
- submit a payment you are not authorized to make, or use a payment method you are not authorized to use;
- initiate a chargeback or payment dispute in bad faith, or abuse the dispute process;
- impersonate any person or organization, or register an account using a phone number or email address you do not control;
- attempt to access any account, workspace, record, or data that is not yours, or any part of the Services you are not authorized to access;
- circumvent, disable, probe, or test any security, authentication, or verification measure, including any verification code requirement;
- scrape, harvest, crawl, or systematically extract data from the Services, or use any bot, script, or automated means to access them, other than through functionality MyShul provides;
- reverse engineer, decompile, disassemble, or attempt to derive the source code or underlying structure of the Services;
- upload or transmit malicious code, or interfere with, disrupt, or place undue load on the Services or their infrastructure;
- harass, abuse, threaten, defame, or stalk any person through the Services, including Shul staff, volunteers, or other users;
- submit Content in violation of Section 15;
- use the Services to send unsolicited or unauthorized communications; or
- resell, sublicense, or provide access to the Services to any third party.
16.2 Consequences. MyShul may suspend or terminate your access as described in Section 20.
16.3 Irreparable harm and injunctive relief. You acknowledge that a breach of the prohibitions in Section 16.1 relating to security circumvention, unauthorized access, scraping or automated extraction, reverse engineering, or interference with the Services would cause MyShul harm for which monetary damages would be an inadequate remedy.
MyShul is entitled to seek injunctive and other equitable relief for such a breach or threatened breach, without the necessity of posting a bond or other security, in addition to any other remedy available to it.
16.4 Reporting. Report suspected misuse of the Services, unauthorized access to your account, or abusive Content to
info@myshul.com.
17. Communications
17.1 Transactional messages from MyShul. MyShul sends messages necessary to operate the Services, including verification codes, payment requests, receipts, invoices, account notices, and notices of Shul association.
These are part of the Services and are not marketing. They continue for as long as you use the Services and are not subject to unsubscribe.
17.2 Messages from your Shul. Shuls can send email and text messages to their members through the Services.
In those messages the Shul is the sender and the owner of the content, and MyShul acts solely as a conduit. MyShul does not write, review, or approve them. Questions or complaints about a message you received from a Shul should be directed to that Shul.
17.3 Text messages. Where SMS is offered through the Services, it is sent by and paid for by the Shul. No one receives SMS through the Services without affirmatively confirming consent first. Replies of STOP are honored automatically and immediately, and replies of HELP are handled automatically. Message and data rates from your carrier may apply.
17.4 Marketing from MyShul. MyShul may in the future send you promotional or marketing communications about the Services.
Any such message will include a means to unsubscribe, and unsubscribing will not affect the transactional messages described in Section 17.1.
17.5 Deliverability. MyShul does not guarantee that any message will be delivered, received, or received in time to be useful, and is not responsible for delivery failures caused by your carrier, mail provider, spam filtering, device settings, or inaccurate contact information.
18. Privacy, Data, and Artificial Intelligence
18.1 Privacy Policy. MyShul’s collection, use, sharing, and retention of personal information is described in the
MyShul Privacy Policy, which is incorporated into these Terms by reference. Please read it. It describes, among other things, what information Shuls hold about you, what MyShul holds, how information is shared, and how long it is retained.
18.2 Artificial intelligence. The Services include features that use artificial intelligence. The Privacy Policy describes what those features do, what information they operate on, and which provider is used.
18.3 Shul records are controlled by the Shul. As described in Section 4.4 and in the Privacy Policy, records a Shul holds about you are controlled by that Shul.
MyShul does not delete or modify them at your request. MyShul processes those records on the Shul’s behalf under the MyShul Data Processing Addendum, which forms part of MyShul’s agreement with the Shul.
18.4 Deleting your Claimed Account. You may request deletion of your Claimed Account by writing to
info@myshul.com. What can be deleted is subject to the limits described in the Privacy Policy, including that Shul records and transaction records are retained.
18.5 Data requests. You may request a copy of information MyShul holds about you by writing to
info@myshul.com.
You must describe specifically what you are requesting. MyShul will make reasonable efforts to respond to reasonable and lawful requests.
MyShul does not offer a self-service export function to individual users and does not commit to providing any particular information, in any particular format, or within any particular period, except where applicable law requires otherwise.
19. Intellectual Property and Feedback
19.1 MyShul ownership. MyShul owns and retains all right, title, and interest in and to the Services and all related software, technology, documentation, designs, trademarks, and intellectual property, including all modifications and improvements. All rights not expressly granted are reserved.
19.2 License to you. Subject to these Terms, MyShul grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use in connection with your relationship with a Shul.
19.3 Feedback. If you send MyShul a suggestion, idea, feature request, or other feedback about the Services,
MyShul may use it without restriction, attribution, or compensation, and you grant MyShul a perpetual, irrevocable, worldwide, royalty-free license to do so. You will have no claim to ownership of, payment for, credit for, or control over anything MyShul builds based on your feedback.
20. Suspension and Termination
20.1 You may stop at any time. You may stop using the Services at any time and may request deletion of your Claimed Account as described in Section 18.4.
20.2 Termination by MyShul for cause. MyShul may suspend or terminate your access to the Services
immediately and without notice where MyShul reasonably believes you have:
(a) committed or attempted fraud, or made or attempted an unauthorized payment;
(b) used a payment method you were not authorized to use, or abused the chargeback or payment dispute process;
(c) attempted to access an account, workspace, record, or data that is not yours;
(d) circumvented, disabled, probed, or tested any security, authentication, or verification measure;
(e) scraped, harvested, or systematically extracted data, or used automated means to access the Services;
(f) reverse engineered the Services or attempted to derive their source code;
(g) impersonated any person, or registered an account using a phone number or email address you do not control;
(h) harassed, abused, threatened, or defamed any person through the Services;
(i) used the Services for any unlawful purpose; or
(j) engaged in any other conduct that presents a material legal, regulatory, or security risk to MyShul, a Shul, another user, or a payment processor.
20.3 Termination for convenience. MyShul may terminate your access to the Services for any reason on notice to you.
20.4 Effect of termination. On termination, your right to sign in to and use the Services ends.
Any recurring payment rules you have set up will be paused. Records a Shul holds about you are Shul Data, are controlled by the Shul, and are not affected by the termination of your access. Transaction records are retained as described in the Privacy Policy.
20.5 Obligations to your Shul are unaffected. Termination of your access does not cancel, reduce, or affect any obligation you owe your Shul.
20.6 Survival. The Sections identified in Section 27.7 survive termination.
21. Disclaimers
21.1 AS IS. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYSHUL DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
21.2 No availability guarantee. MYSHUL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DATA, RECORD, CONTENT, OR MESSAGE WILL BE ACCURATE, COMPLETE, PRESERVED, DELIVERED, OR FREE FROM LOSS OR CORRUPTION. MyShul makes no uptime or availability commitment, and the Services may be unavailable during scheduled or emergency maintenance.
21.3 No responsibility for Shuls. MYSHUL MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY SHUL, INCLUDING THE ACCURACY OF ITS RECORDS, THE AMOUNTS IT CHARGES, THE AUTHORIZATIONS IT OBTAINS, THE MESSAGES IT SENDS, THE RECEIPTS IT ISSUES, THE USE IT MAKES OF FUNDS, OR THE CONDUCT OF ITS PERSONNEL.
21.4 No responsibility for third parties. MyShul is not responsible for the acts, omissions, outages, policies, pricing, or discontinuation of any third-party service, including any payment processor, bank, card issuer, communications provider, app store, or hosting provider.
21.5 Security. MyShul maintains administrative and technical measures designed to protect the Services, described in the Privacy Policy.
MyShul makes no representation that the Services are or will be free from vulnerability, intrusion, or compromise.
21.6 Some jurisdictions. Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, the exclusions above apply to the maximum extent permitted, and any warranty that cannot be excluded is limited in duration to the shortest period permitted by law.
22. Limitation of Liability
22.1 Exclusion of certain damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYSHUL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OPPORTUNITY, OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
22.2 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYSHUL’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, FOR ALL CLAIMS COMBINED, WILL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO MYSHUL IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (II) ONE HUNDRED DOLLARS ($100).
22.3 Specific exclusions. Without limiting the foregoing, MyShul is not liable for: any dispute between you and a Shul; any amount a Shul charges you or claims you owe; any charge to a payment method entered by a Shul administrator under Section 10; the sufficiency of any authorization a Shul obtained or failed to obtain; any refund a Shul does or does not direct; any chargeback outcome or associated cost; the accuracy or tax treatment of any receipt or statement; any Content submitted by you or any other user; any message sent by a Shul; access to your account resulting from a phone number change you did not report under Section 6.6; access resulting from your sharing of credentials under Section 7.2; any payment that fails or is declined; or any act or omission of a Shul, a payment processor, or any other third party.
22.4 Exceptions. The limitations in this Section do not apply to liability that cannot be limited or excluded under applicable law, including liability for gross negligence, willful misconduct, or fraud.
22.5 Basis of the bargain. You acknowledge that the limitations in this Section are an essential basis of the bargain and reflect a reasonable allocation of risk, and that MyShul would not provide the Services to you on these terms without them.
22.6 Some jurisdictions. Some jurisdictions do not allow the exclusion or limitation of certain damages. Where that is the case, the limitations above apply to the maximum extent permitted.
23. Indemnification
23.1 Your indemnification of MyShul. You will defend, indemnify, and hold harmless MyShul and its members, officers, employees, and agents from and against any third-party claim, demand, action, or proceeding, and all resulting damages, losses, liabilities, judgments, settlements, fines, penalties, and reasonable costs, arising out of or relating to:
(a) Content you submit to or through the Services;
(b) your violation of any applicable law; and
(c) your fraud, willful misconduct, or intentional misuse of the Services.
23.2 Scope. This Section applies only to the three categories listed in Section 23.1. You have no obligation to indemnify MyShul for anything else, including any claim arising from a Shul’s conduct, from MyShul’s own conduct, or from your ordinary use of the Services.
23.3 Procedure. MyShul will notify you of any claim for which it seeks indemnification, and you will have the right to participate in the defense at your own expense. MyShul may control the defense and settlement of any such claim, provided that it will not settle a claim in a manner that imposes a non-indemnified obligation on you without your consent, not to be unreasonably withheld. Failure to notify you promptly relieves you of your obligations only to the extent you are materially prejudiced.
24. Governing Law, Venue, and Dispute Resolution
24.1 Informal resolution first. Before filing any claim, you agree to contact MyShul at
info@myshul.com and attempt in good faith to resolve the dispute informally for at least thirty (30) days. This Section does not prevent either party from seeking injunctive relief at any time.
24.2 Governing law. These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles.
24.3 Exclusive venue. The parties submit to the exclusive jurisdiction and venue of the state and federal courts located in Broward County, Florida, and each party waives any objection to that venue, including on grounds of inconvenient forum.
24.4 Small claims exception. Notwithstanding Section 24.3, you may bring an individual claim in the small claims court of the county where you reside, if the claim qualifies for that court and remains in it.
24.5 No arbitration. These Terms contain no arbitration requirement. Disputes are resolved in court as provided in this Section.
24.6 JURY TRIAL WAIVER. EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.
24.7 CLASS ACTION WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If this Section 24.7 is held unenforceable as to a particular claim, it will be severed as to that claim only, and the remainder of this Section 24 will continue to apply.
24.8 Time limit for claims. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED. Where applicable law does not permit the shortening of the limitations period for a particular claim, the period prescribed by that law applies to that claim.
24.9 Attorney’s fees. Neither party is entitled to recover attorney’s fees from the other in connection with any dispute arising out of or relating to these Terms or the Services, except where a statute provides otherwise and that entitlement cannot be waived. Each party otherwise bears its own legal costs. This Section does not limit your obligations under Section 23.
24.10 Equitable relief. Nothing in this Section limits either party’s right to seek injunctive or other equitable relief, including under Section 16.3.
24.11 Users outside the United States. The Services are provided from the United States and your information is processed and stored there.
Nothing in this Section 24 deprives you of the protection of any mandatory provision of the law of the country in which you reside, including any right to bring proceedings in the courts of that country. Where a provision of this Section is unenforceable against you under that law, it is severed as to you and the remainder of this Section continues to apply.
25. Changes to These Terms
25.1 MyShul may modify these Terms. MyShul may modify these Terms from time to time.
25.2 Notice of material changes. For material changes, MyShul will provide at least thirty (30) days’ notice by email to the address associated with your account or by prominent notice within the Services, identifying the effective date of the change.
25.3 Prospective effect only. A change applies only to your use of the Services on and after its effective date. No change applies retroactively to a dispute that arose before that date.
25.4 Acceptance. Your continued use of the Services after the effective date of a change constitutes acceptance of the modified Terms. If you do not accept a change, your remedy is to stop using the Services before the effective date and, if you wish, to request deletion of your Claimed Account under Section 18.4.
25.5 Affirmative re-acceptance. MyShul may, at its option, require you to affirmatively accept modified Terms before continuing to use the Services, including by presenting an acceptance box at sign-in. MyShul’s decision not to require affirmative re-acceptance for any change does not waive its right to require it for any other change.
25.6 Non-material changes. Non-material changes, including clarifications and corrections, take effect on posting and are reflected in the effective date at the top of these Terms.
25.7 Version history. MyShul maintains an archive of prior versions of these Terms, identified by effective date, and will provide a copy of any prior version on request to
info@myshul.com.
26. Mobile Applications and App Store Terms
26.1 License to the apps. Subject to these Terms, MyShul grants you a limited, non-exclusive, non-transferable, revocable license to download and use the MyShul mobile applications on devices you own or control, for your personal use.
26.2 App store terms also apply. Your download and use of a MyShul application is also subject to the terms of the app store from which you obtained it, including the Apple Media Services Terms and Conditions or the Google Play Terms of Service, as applicable. Where those terms conflict with these Terms as to the app store relationship, those terms control as between you and that app store.
26.3 Additional terms for applications obtained from the Apple App Store. The following apply to any MyShul application you obtain from the Apple App Store:
(a)
Acknowledgment. These Terms are between you and MyShul only, and not with Apple Inc. (“Apple”).
MyShul, not Apple, is solely responsible for the MyShul application and its content.
(b)
Scope of license. The license granted in Section 26.1 is limited to a non-transferable license to use the application on any Apple-branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
(c)
Maintenance and support. MyShul is solely responsible for providing any maintenance and support services for the application. Apple has no obligation to furnish any maintenance or support services.
(d)
Warranty. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the application. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are MyShul’s sole responsibility.
(e)
Product claims. MyShul, not Apple, is responsible for addressing any claim by you or any third party relating to the application or your possession or use of it, including product liability claims, any claim that the application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
(f)
Intellectual property claims. In the event of any third-party claim that the application or your possession and use of it infringes that third party’s intellectual property rights, MyShul, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of that claim.
(g)
Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a terrorist-supporting country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
(h)
Developer contact. Questions, complaints, and claims regarding the application should be directed to MYSHUL LLC, 2843 Pembroke Rd, Suite 3, Hollywood, FL 33020,
info@myshul.com.
(i)
Third-party terms. You must comply with applicable third-party terms of agreement when using the application.
(j)
Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms as they apply to your license of the MyShul application, and upon your acceptance of these Terms, Apple will have the right, and is deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary of them. This Section 26.3(j) is an express exception to Section 27.9.
26.4 Applications obtained from Google Play. Your use of a MyShul application obtained from Google Play is additionally subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the MyShul application.
27. General
27.1 Force majeure. MyShul is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, hurricane, flood, fire, earthquake, epidemic, war, terrorism, civil unrest, labor disruption, governmental action, internet or telecommunications failure, power failure, and the outage, suspension, or discontinuation of any third-party provider.
27.2 Assignment. You may not assign or transfer these Terms or any rights under them, by operation of law or otherwise.
MyShul may assign these Terms freely, including to an affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Any purported assignment in violation of this Section is void.
27.3 Notices. Notices to you are effective when sent by email to the address associated with your account or, for a transaction made without an account, to the address you provided at the time of the transaction. You are responsible for keeping that address current, and MyShul is not responsible for any consequence of your failure to do so. Notices to MyShul must be sent to
info@myshul.com and, for any formal legal notice, also by mail to MYSHUL LLC, 2843 Pembroke Rd, Suite 3, Hollywood, FL 33020.
27.4 Entire agreement. These Terms, together with the
MyShul Privacy Policy, constitute the entire agreement between you and MyShul regarding your use of the Services and supersede all prior and contemporaneous agreements, statements, and understandings on that subject. These Terms do not govern, and do not supersede, any agreement between you and a Shul.
27.5 Severability and reformation. If any provision of these Terms is held invalid, illegal, or unenforceable,
that provision will be modified and interpreted to accomplish its objectives to the greatest extent permitted by law, and if it cannot be so modified, it will be severed and the remaining provisions will continue in full force and effect.
27.6 Waiver. No failure or delay by MyShul in exercising any right operates as a waiver, and no waiver is effective unless in writing.
27.7 Survival. The following survive termination or expiration of these Terms and of your access to the Services: Sections 2, 4, 13, 14, 15 (as to Content already submitted), 18, 19, 20.4, 20.5, 21, 22, 23, 24, 26.3, and this Section 27.
27.8 Relationship. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between you and MyShul.
27.9 No third-party beneficiaries. Except as expressly provided in Section 26.3(j), these Terms are for the sole benefit of MyShul and you. No Shul or other person or entity is a third-party beneficiary of these Terms or has any right to enforce any provision of them. Nothing in these Terms gives you any right to enforce any provision of any agreement between MyShul and a Shul.
27.10 Interpretation. Section headings are for convenience only and do not affect interpretation. “Including” means “including without limitation.” These Terms will not be construed against either party as the drafter.
27.11 Export and sanctions. You represent that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, and that you are not a person with whom U.S. persons are prohibited from dealing.
28. Contact
MYSHUL LLC | 2843 Pembroke Rd, Suite 3, Hollywood, FL 33020 |
info@myshul.com
These Terms are published at
myshul.com/software/terms/.