Terms of Service | Temple RMS

TERMS OF SERVICE EFFECTIVE FROM: JANUARY 2021

Our latest Terms of Service are produced in accordance with the requirements of the EU General Data Protection Regulation 2018 (GDPR).

In order to use Temple RMS to help with the management of your organisation and membership, you must first agree to these Terms of Service on behalf of your organisation. By signing up your organisation to use Temple RMS, you agree to be bound by these Terms of Service and acknowledge that any violation of the terms outlined below may result in the termination of your account.

RMS Solutions LLC is a company registered in the United States, with registered number EIN 46-5507712. Temple RMS is a web-based member management system and database tool, developed by RMS Solutions LLC, and is provided on an “as is” and “as available” basis.

Although the language in these Terms of Service is simple, the intentions are serious, forming a contract considered to be a legal document.

Definitions we use in this document

“The Service” means our Temple RMS software, which is accessed online through a web browser, or by using our mobile applications (Apps). Access is provided through a unique username/password.
“your Organisation” means your temple/synagogue/shul, or other type of organisation that has opened a Temple RMS account. In the relationship between us, your Organisation should be considered the Data Controller as defined within the context of the General Data Protection Regulation (GDPR).
“us”, “we” and “our” refer to Temple RMS Ltd. In the relationship between us, Temple RMS Ltd should be considered the Data Processor as defined within the context of the General Data Protection Regulation (GDPR).
“you” means you, the person who accesses The Service on behalf of your Organisation. This may include others within your Organisation to whom you choose to grant user access to The Service.

Access to an account

In order to apply to use The Service, you must first submit your details through our Free Trial page on our website.

We may create an account for you to access The Service, however we reserve the right, at our discretion, not to accept your application.

Should we accept your application to access The Service, we will confirm this by email to the email address you provide in your application, at which point a legally binding contract will be created between us and you; you must therefore ensure that you are authorised to enter into this contract for and on behalf of your Organisation. These Terms of Service shall govern our agreement with you and your Organisation.

If at any time you need to update the Organisation account contact details you provided to us when applying to access The Service, you can do so through your Temple RMS account. You are required to provide a designated, named account contact. A change of account contact details does not change the contractual relationship between us and your Organisation.

By accepting your application to access The Service, we grant you a non-exclusive, non-transferrable, automatically renewing monthly license to use The Service for you and your Organisation. This license is in accordance with these Terms of Service and our Acceptable Use Policy.

Your obligations to us (our rights)

You must only access The Service by using a username/password that your Organisation authorises you to use.
You must not do anything which could reasonably be expected to damage, disable, overburden or materially impair The Service or our website, or which is likely to interfere with any third party’s use or enjoyment of The Service.
You must accept that all software available through The Service or used to create and operate The Service is property of us or our licensors. You will not question or dispute our ownership of the intellectual property of The Service.
Each administrator account held with The Service must only be used for the purpose of a single organisation. You may, however, hold multiple accounts (one for each organisation you need to administer).
You recognise that The Service stores and processes special category data on your behalf.
You accept that nothing in these Terms of Service, nor by using The Service, relieves you (the Data Controller) of your own direct responsibilities and liabilities under the GDPR.

Our obligations to you (your rights)

As Data Processor, we commit to only use the data you entrust to us for its intended purpose. We will never:
Pass your data on to third parties, except where instructed to do so by you
Sell your data to third parties
Use your data for our own purposes, except to monitor the health and security of your account
We will only access your data upon receipt of written or verbal instructions to do so from you, the Data Controller (unless required by law to act without such instructions). Within the administrator settings of your account, you may, at your discretion, enable or disable our access to your data at any time. (Access is helpful when resolving technical issues or answering support-related enquiries from you or your members (data subjects). If access is not enabled by you, we will only be able to provide generic support responses, and support enquiries from your members (data subjects) may be directed back to you).
All our employees who are responsible for processing your data are subject to a duty of confidence.
At all times, we will protect your data by:
Restricting our access to your data and ensuring that only trusted staff can access your data.
Taking suitable steps to ensure the technical security of your data and taking appropriate measures to ensure the security of processing.
We will support you with providing Subject Access Requests, and in enabling data subjects to exercise their rights under the GDPR.
We will only engage a sub-processor where instructed to do so by you, with your prior consent and written contract with that sub-processor, except where that sub-processor is a pre-existing requirement for the service, (for example, your data is hosted on our sub-Processor’s servers, i.e. membership software).
Through the functionality we provide within The Service and other information we may make available to you we are assisting you in meeting your GDPR obligations in relation to the security of processing and data protection impact assessments.
In the event that we discover a data breach, we will inform you and assist you in meeting your obligations to inform the data subjects.
We will delete all of the data we hold on your data subjects on termination of contract. Since we maintain encrypted backups of all data for 30 days, your data will be fully deleted 30 days after termination.
We will submit ourselves to audits and inspections where relevant and/or deemed necessary.

Paying for The Service

Full details of the subscription fees for the use of The Service are provided through the Temple RMS website. We reserve the right to vary these fees from time to time, at which time we will provide notice through the Temple RMS website or email. Prices quoted are quoted in USD.

We offer all customers a “free trial” of The Service, and there will be no charge for the use of The Service during any free trial period. We may, at our discretion, extend any free trial period, or grant a further trial for a valid reason. Your Organisation is not entitled to benefit from more than one “free trial period”, and if we discover that your Organisation has requested an additional “free trial period”, they will become liable for payment of all fees and charges for use of The Service from the start of the first additional “free trial period”.

Your subscription to The Service will be paid annually, and your Organisation will be billed in advance. There will be no refunds for unused services or account downgrades.

Your Organisation’s subscription fee for using The Service is directly linked to the total number of contacts within your account, and the number of users your organization requires. As such, the fee for using The Service may vary from year to year, depending on the number of contacts within the contacts list and whether you enable additional users or remove users from your account. You will be billed annually, and will be considered fully liable for any charges calculated on your billing day.

We shall be under no obligation to provide The Service to you and your Organisation if payment of the subscription fee is not made within a timely manner. If subscription fees become overdue, we reserve the right to suspend access to The Service until the balance is paid. In the event that payment is not made in accordance with any mutually agreed period of grace, we may close your Organisation’s account with The Service permanently and all data relating to the account will be removed.

Changing your subscription

If at any time you wish to add or remove a user from your Organisation’s account, you can do so through by contacting support.

Cancelling your subscription

If you wish to cancel your subscription to The Service, you must contact Temple RMS Support by email at least 30 clear working days before your next billing date. We will require verification of the cancellation by the designated account contact, or by another known contact within your Organisation.

If you or your Organisation fail to abide by these Terms of Service, we reserve the right to suspend access to The Service or permanently cancel the Temple RMS account and delete the data. If we withdraw access to The Service due to a breach of these Terms of Service, no refund will be payable by us.

Privacy, data ownership and security

By using The Service, your are accepting these Terms of Service (our written contract), and our description of the way we collect and use data within The Service as described in the Temple RMS Privacy Policy.

General terms

It is your responsibility to keep your account contact information up to date at all times.
You are responsible for ensuring you and your Organisation’s login information is kept secure at all times. We will not be responsible for any loss or damage incurred as a consequence of your login details being compromised.
We do not guarantee that The Service will meet all of your requirements, be available 100% of the time or be bug free. While we will do our best to keep disruptions to a minimum, from time to time it may be necessary to suspend The Service to carry out maintenance or support work.
We reserve the right to remove any information from The Service that we consider to be unlawful, offensive or that violates the intellectual property of a third party.
You and your Organisation may not use The Service to send unsolicited communication of any kind, including but not limited to emails and SMS.
We reserve the right to make changes to these Terms of Service at any time.

Limitation of liability

You use The Service entirely at your own risk. You understand and will not hold us responsible for any loss or damage incurred to you or your Organisation by using The Service. This includes, but is not limited to, loss of revenue, profits, goodwill, data, or other intangible losses.

Where we are not legally entitled to exclude our liability, our total liability for any loss or damage relating to The Service shall not exceed an amount equal to the subscription fees which your Organisation has paid to us in the previous calendar month.