1. Introduction and Applicability

These Terms of Use (the “Terms”) govern your access to and use of the MyPick web-based software platform, including all related websites, applications, and services (collectively, the “Service”) operated by LEAN Frog Digital, LLC (“LEAN Frog Digital,” “we,” “our,” or “us”).

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated herein by reference.

2. License to Use the Service

LEAN Frog Digital grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your organization’s internal educational or administrative purposes, in accordance with these Terms.

You may not:

• Copy, modify, or create derivative works of the Service or its content.
• Reverse engineer, decompile, or disassemble any portion of the Service.
• Sell, sublicense, lease, or distribute access to the Service.
• Use the Service for any unlawful or unauthorized purpose.

All rights not expressly granted to you are reserved by LEAN Frog Digital.

3. User Accounts and Responsibilities

You may be required to create an account to use certain features of the Service. You agree to:

• Provide accurate and current information during registration.
• Maintain the confidentiality of your login credentials.
• Accept responsibility for all activity occurring under your account.

LEAN Frog Digital is not liable for any loss or damage arising from unauthorized use of your account resulting from your failure to maintain security of your credentials.

4. Data Ownership and Privacy

You retain ownership of all data, content, and materials you or your organization submit through the Service. By submitting such data, you grant LEAN Frog Digital a limited, non-exclusive license to host, process, and use the data solely to operate, improve, and support the Service in accordance with our Privacy Policy.

If the Service is used by educational institutions, LEAN Frog Digital will comply with all applicable data privacy laws, including the Family Educational Rights and Privacy Act (FERPA) and the Children’s Online Privacy Protection Act (COPPA).

LEAN Frog Digital does not sell, rent, or share personal or student data with third parties for their marketing purposes without your express consent.

5. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law or regulation.
• Infringe on the rights of others, including intellectual property rights.
• Transmit unlawful, harmful, defamatory, or obscene content.
• Introduce viruses, malware, or other harmful code.
• Attempt to gain unauthorized access to the Service or related systems.
• Engage in any activity that interferes with or disrupts the operation of the Service.

LEAN Frog Digital reserves the right to suspend or terminate access for violations of these Terms and to pursue appropriate legal action.

6. Service Availability and Modifications

LEAN Frog Digital may modify, suspend, or discontinue the Service, or any feature thereof, at any time with or without notice. We are not liable for any unavailability or interruption of the Service.

7. DMCA Compliance

LEAN Frog Digital complies with the Digital Millennium Copyright Act (DMCA) and will respond promptly to notices of alleged infringement.

A. Reporting Infringement:

Send a written notice including all required elements to our Designated Agent:
LEAN Frog Digital, LLC
4920 Corporate Dr., Suite B
Huntsville, AL 35805
Email: support@leanfrogdigital.com

B. Counter-Notification:

If you believe content was removed in error, submit a counter-notice including identification of the material, your contact information, and a statement made under penalty of perjury that removal was a mistake. We will restore the content if the complainant does not file a claim within 10 business days.

8. SMS Messaging and Communications

By providing your mobile number through the Service, you consent to receive transactional text messages (e.g., notifications, account alerts, or reminders) related to your use of the Service. Message frequency may vary. Standard message and data rates may apply.

You may opt out at any time by replying STOP or emailing support@leanfrogdigital.com. Following an opt-out, a confirmation message may be sent. If LEAN Frog Digital offers promotional texts, we will first obtain your express written consent.

9. Warranty Disclaimer

The Service and all related materials are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

LEAN Frog Digital does not guarantee uninterrupted or error-free operation, nor that defects will be corrected.

10. Limitation of Liability

To the fullest extent permitted by law, LEAN Frog Digital and its officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of data, business interruption, or profits, arising from or related to use or inability to use the Service.

In no event shall LEAN Frog Digital’s total liability exceed $100 or the amount paid by you for the Service, whichever is greater.

11. Indemnification

You agree to indemnify and hold harmless LEAN Frog Digital, its affiliates, and their respective officers, directors, and employees from any claims, damages, or expenses arising out of your violation of these Terms or infringement of third-party rights.

12. Dispute Resolution and Governing Law

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

Any dispute shall first be resolved through informal negotiation. If unresolved, disputes will be submitted to binding arbitration before the American Arbitration Association (AAA) in Huntsville, Alabama. Either party may seek injunctive relief or pursue claims in small claims court as appropriate.

Users may opt out of arbitration within 30 days of agreeing to these Terms by notifying support@leanfrogdigital.com in writing.

13. Changes to Terms

We may update these Terms periodically. The most recent version will be posted with an updated effective date. Continued use of the Service after revisions become effective constitutes your acceptance of the updated Terms.

14. Eligibility

The Service is not intended for children under 13 years of age. Users under 18 must access the Service only with parental or guardian consent.

15. Contact Information

For questions or concerns regarding these Terms, contact:
LEAN Frog Digital, LLC
4920 Corporate Dr., Suite B
Huntsville, AL 35805
Email: support@leanfrogdigital.com