Terms of Service
Please read these terms carefully before using SafePickup. By registering or using our platform, you agree to these Terms and our commitment to keeping every child safe — wherever you are in the world.
Plain English Summary
Use SafePickup only for legitimate, authorized school pickups. Keep your account and credentials secure. You consent to receive safety-related SMS and email notifications — reply STOP to opt out of SMS, or click Unsubscribe in any email. Schools are responsible for keeping student and guardian records accurate. We never sell your data. If something goes wrong, contact us first — we want to fix it. Texas law governs, but your local consumer rights always apply.
SMS & Email Communications Consent
By creating an account, you consent to receive transactional SMS and email communications from SafePickup. Message & data rates may apply. Reply STOP to opt out of SMS at any time. Click Unsubscribe in any email to opt out of email communications. Consent is not required to purchase any service. For full details, see the Consent to SMS & Email Communications section below.
Acceptance of Terms
Binding Agreement
By accessing, registering for, or using SafePickup, you agree to be bound by these Terms of Service ('Terms'), our Privacy Policy, and any additional policies incorporated herein by reference. These Terms constitute a legally binding agreement between you and SafePickup Inc. ('SafePickup', 'we', 'us', or 'our'). If you do not agree, you must not use the platform. If you are using SafePickup on behalf of a school, school district, or other organization, you represent and warrant that you have the authority to bind that organization to these Terms.
Eligibility
You must be at least 18 years of age to create an account. Parents or guardians creating accounts to manage student pickups must be the legal guardian of the relevant student or hold written authorization from the legal guardian. Use of SafePickup by individuals under 18 is not permitted without the express involvement of a parent or guardian account holder. SafePickup does not knowingly permit minors to independently create accounts, in compliance with the Children's Online Privacy Protection Act (COPPA, 15 U.S.C. § 6501) and equivalent laws in the EU (GDPR Article 8), UK (UK GDPR Article 8), and Australia (Privacy Act 1988, Cth).
Changes to Terms
We reserve the right to amend these Terms at any time. For material changes, we will provide at least 30 days' prior written notice via email to your registered address and via in-app notification. Your continued use of SafePickup after the effective date of updated Terms constitutes your acceptance of the revised Terms. If you do not agree to a material change, you may terminate your account before the effective date without penalty. Non-material changes (e.g., clarifications, typographic corrections) take effect immediately upon publication.
Governing Jurisdiction & Global Access
These Terms are governed by the laws of the State of Texas, United States. However, where you access SafePickup from a jurisdiction with mandatory consumer or user protection laws that cannot be waived by contract — including but not limited to the EU, UK, Australia, and Canada — those mandatory local law protections apply to you in addition to these Terms. Nothing in these Terms is intended to exclude or limit any right you have under applicable law that cannot lawfully be excluded.
Consent to SMS & Email Communications
Your Express Consent
By creating a SafePickup account, you expressly consent to receive transactional and operational communications from SafePickup and its authorized service providers via SMS (text message) and email. These communications include, but are not limited to: account verification and password reset messages; pickup session initiation, child-ready, and pickup-confirmed notifications; security alerts and unauthorized access warnings; service status and maintenance notices; and material policy update notifications. This consent is given in compliance with the U.S. Telephone Consumer Protection Act (TCPA, 47 U.S.C. § 227), the CAN-SPAM Act (15 U.S.C. § 7701), Australia's Spam Act 2003 (Cth), Canada's Anti-Spam Legislation (CASL, S.C. 2010, c. 23), and the EU/UK GDPR's lawful basis provisions.
SMS — Automated Messaging Disclosure
SafePickup uses automated messaging technology to deliver SMS notifications to the mobile phone number you provide at registration. By providing your mobile number, you confirm that you are the subscriber or customary user of that number and that you have the authority to provide this consent. Message frequency depends on your pickup activity and notification preferences. Standard carrier message and data rates may apply. Consent to receive SMS is not a condition of creating an account or purchasing any service from SafePickup.
How to Opt Out of SMS
You may withdraw your consent to receive SMS messages at any time by replying STOP to any SafePickup text message. You will receive a single confirmation message acknowledging your opt-out, after which no further SMS will be sent except as required by law. To resubscribe, reply START or update your preferences in your profile settings. For assistance, reply HELP or contact support@safepickup.com. Note that opting out of transactional safety notifications (such as pickup confirmations) may impair your ability to use core platform features.
How to Opt Out of Email
You may unsubscribe from non-essential email communications at any time by clicking the 'Unsubscribe' link in any SafePickup email or by updating your notification preferences in your profile settings. SafePickup will honor opt-out requests within 10 business days, as required by the CAN-SPAM Act. Transactional emails necessary for account security and legal compliance (e.g., breach notifications, Terms update notices) are not subject to opt-out as they are required by applicable law or the safe operation of your account.
Record of Consent
SafePickup maintains records of your SMS and email consent, including the date, time, method, and disclosures presented at the time of opt-in. These records are retained for a minimum of five (5) years in accordance with TCPA compliance requirements and GDPR Article 7(1). You may request a copy of your consent record by contacting privacy@safepickup.com.
User Accounts & Responsibilities
Account Security
You are solely responsible for maintaining the confidentiality of your login credentials, including your password and any multi-factor authentication methods. You must notify us immediately at security@safepickup.com if you suspect unauthorized access to your account or any other security breach. SafePickup will not be liable for any loss or damage arising from your failure to maintain credential security. We may suspend or terminate your account if we reasonably believe it has been compromised, without prior notice, to protect the safety of children and other users.
Accuracy of Information
You agree to provide accurate, current, and complete information when registering and to update that information promptly if it changes. Providing false or misleading information — including false claims of guardian status — constitutes a material breach of these Terms and may result in immediate account termination and referral to law enforcement where applicable. Falsification of guardian relationships may violate federal and state child safety laws.
Authorized Pickups Only
You may only use SafePickup to facilitate pickups for students for whom you are a verified, authorized guardian or have received explicit, documented authorization from the school administrator. Attempting to use SafePickup to collect a student without proper authorization is strictly prohibited, constitutes a serious breach of these Terms, and will be reported to the relevant school administration and, where appropriate, law enforcement authorities.
Account Transfers
Your account is personal and non-transferable. You may not assign, sublicense, or transfer your account or any rights under these Terms to any third party. Schools may manage authorized staff accounts through their administrator dashboard in accordance with their subscription terms.
Acceptable Use Policy
Permitted Use
SafePickup is licensed to you solely for the purpose of managing lawful school pickup and dismissal for students in your care. Permitted activities include: initiating and completing authorized pickup sessions; receiving operational notifications; communicating with authorized school staff through the platform; and managing your authorized guardian relationships and account preferences.
Prohibited Activities
You may not: (a) use the platform for any unlawful purpose, including violations of child safety, privacy, or telecommunications laws; (b) attempt to gain unauthorized access to any part of the system, its databases, or connected infrastructure; (c) introduce malware, viruses, or malicious code; (d) interfere with or disrupt platform operations or servers; (e) share, sell, or transfer your account credentials to any other person; (f) use automated scripts, bots, or crawlers to access the platform without SafePickup's prior written consent; (g) attempt to reverse-engineer, decompile, or disassemble the platform; (h) circumvent or disable any security, verification, or geofence measure; or (i) use the platform to harass, threaten, or harm any individual.
Compliance with School Policies
Your use of SafePickup must at all times comply with the policies, procedures, and directives of your school and school district. SafePickup operates as a technology facilitator and does not override, supersede, or substitute for school-level pickup authorization decisions. Final authority over pickup approvals rests with the relevant school administration.
Compliance with Applicable Law
You agree to use SafePickup in compliance with all applicable federal, state, and local laws in your jurisdiction, including but not limited to applicable education privacy laws, telecommunications regulations, child protection statutes, and data protection legislation. Users outside the United States agree to comply with the laws of their home jurisdiction, including GDPR (EEA/UK users), the Privacy Act 1988 (Australian users), and PIPEDA (Canadian users).
Disclaimers & Limitation of Liability
Service Availability
SafePickup is provided 'as is' and 'as available' without warranties of any kind, express or implied, except as required by applicable law. We target 99.9% platform uptime but do not guarantee uninterrupted, error-free, or timely service. Planned maintenance windows will be communicated in advance where practicable. SafePickup is not liable for disruption to school operations, missed pickups, or delays resulting from platform downtime, third-party service failures (e.g., carrier outages affecting SMS delivery), or circumstances beyond our reasonable control.
GPS & Geofence Accuracy
Geofence-based automatic check-in depends on the GPS accuracy of your device, which may vary due to device hardware, environmental conditions, or network connectivity. SafePickup always provides a manual check-in fallback and is not liable for delays or errors caused by GPS inaccuracy. Schools and guardians should not rely solely on geofence triggers as the definitive indicator of physical presence.
Limitation of Liability
To the maximum extent permitted by applicable law, SafePickup's aggregate liability to you for any claim arising out of or related to your use of the platform — whether in contract, tort (including negligence), or otherwise — is limited to the greater of (a) the fees paid by or on behalf of your school for the SafePickup service in the twelve (12) months preceding the claim, or (b) USD $100. SafePickup is not liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of data, loss of revenue, or reputational harm, even if advised of the possibility of such damages. Where applicable law (including EU consumer protection laws, Australian Consumer Law under the Competition and Consumer Act 2010 (Cth), or UK consumer rights legislation) does not permit exclusion of implied warranties or limitation of liability, these exclusions apply only to the fullest extent permitted.
Indemnification
You agree to indemnify, defend, and hold harmless SafePickup Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the platform in violation of these Terms; (b) your provision of false or unauthorized guardian information; or (c) your violation of any applicable law or third-party right.
School & District Agreements
School Administrator Responsibilities
School administrators are responsible for: maintaining accurate and current student enrollment and guardian authorization records; ensuring all staff with platform access are appropriately trained; configuring geofence boundaries to accurately reflect their school premises; and ensuring their school's use of SafePickup complies with all applicable education privacy laws, including FERPA (20 U.S.C. § 1232g), COPPA (15 U.S.C. § 6501), the Student Online Personal Information Protection Act (SOPIPA) where applicable, and equivalent obligations under GDPR, the UK DPA 2018, and Australia's Privacy Act 1988 (Cth).
Data Controller / Processor Relationship
For the purpose of applicable data protection law — including GDPR Article 28, the UK GDPR, and Australia's APP 1.2 — schools act as the data controller (or business) in respect of student and guardian records, and SafePickup acts as the data processor (or service provider). A Data Processing Agreement (DPA) governing the terms of this relationship is incorporated by reference into the school's subscription agreement and is available in full at safepickup.com/dpa or upon request at legal@safepickup.com. Execution of a DPA is required for schools subject to GDPR.
FERPA School Official Exception
Schools agree to designate SafePickup as a 'school official' with a 'legitimate educational interest' in student directory information for the limited purpose of facilitating safe pickup, pursuant to FERPA 34 C.F.R. § 99.31(a)(1). Schools remain the FERPA-responsible party and must ensure their use of SafePickup is consistent with their FERPA notices and policies.
Subscription, Billing & Cancellation
School and district subscriptions are billed on an annual basis. A full refund is available within 30 days of the commencement of a new subscription term. Cancellations after 30 days do not receive pro-rated refunds for the remaining subscription term, except where required by applicable consumer protection legislation (including the Australian Consumer Law and applicable EU/UK consumer rights regulations). Upon cancellation, data is retained for 90 days to allow data export, then deleted in accordance with our Data Retention Policy.
Dispute Resolution & Jurisdiction
Informal Resolution
Before initiating any formal dispute, you agree to contact SafePickup at legal@safepickup.com and attempt to resolve the issue informally. We will make reasonable efforts to resolve any complaint within 30 days of receiving written notice. This informal process is a prerequisite to any formal legal or arbitration proceedings, except where urgent injunctive relief is required to protect child safety.
Arbitration Agreement (U.S. Users)
For users located in the United States, any dispute not resolved informally shall be submitted to binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, conducted in Travis County, Texas. Class action and jury trial rights are waived to the maximum extent permitted by law. This arbitration agreement does not apply to: (a) claims for injunctive relief; (b) small claims court proceedings; or (c) disputes involving children's safety or welfare.
Governing Law
These Terms are governed by the laws of the State of Texas, United States, without regard to conflict of law principles. For EEA and UK users, nothing in this section limits your right to bring claims before the courts of your country of domicile or to rely on mandatory local consumer protection laws. For Australian users, these Terms are subject to the non-excludable guarantees and protections of the Australian Consumer Law. For Canadian users, these Terms are subject to applicable federal and provincial consumer protection legislation.
Venue
Subject to the arbitration agreement above, you agree that any legal proceedings arising out of these Terms will be brought exclusively in the state or federal courts of Travis County, Texas, and you consent to personal jurisdiction in those courts. This does not affect the rights of EEA, UK, Australian, or Canadian users to bring proceedings in their local courts as described above.
General Provisions & Contact
Entire Agreement
These Terms, together with the SafePickup Privacy Policy, Data Processing Agreement (for schools), and any applicable order forms or subscription agreements, constitute the entire agreement between you and SafePickup with respect to your use of the platform, and supersede all prior understandings, representations, or agreements, whether written or oral.
Severability
If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, without affecting the validity and enforceability of the remaining provisions.
Waiver
SafePickup's failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of SafePickup to be effective.
Contact Our Legal Team
For questions about these Terms, compliance inquiries, or to request a Data Processing Agreement, contact our Legal Team at legal@safepickup.com or write to: SafePickup Inc., 123 Education Lane, Austin, TX 78701, United States. For EU/UK matters, contact our EU Representative at eurepresentative@safepickup.com. For Australian matters, contact au-compliance@safepickup.com.