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Frogtummy Website Terms of Use

Effective Date: July 15, 2026

These terms of use are entered into by and between you and Frogtummy Enterprises, Inc., (“Frogtummy,” “Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of https://www.frogtummy.com/, including any content, functionality, and services offered on or through https://www.frogtummy.com/ (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://syracuseartsacademy.frogtummy.io/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

We may change these Terms of Use in our discretion. Changes are effective when posted to the Website and apply to your use thereafter. If we make material changes, we may provide additional notice, such as through the Website or by email if we have your contact information. Changes to the dispute resolution provisions will not apply to disputes for which the parties have actual notice before the date the change is posted. You are expected to check the Website from time to time so you are aware of any changes, as they are binding on you.

1. Eligibility and Geographic Scope

  • Age Requirement: The Website is intended for users 13 years of age or older. If you are under age 13, you may only use the Website with verifiable parental consent, and in such cases an adult (e.g. a parent, guardian, or teacher) must create and manage the account on the child’s behalf, in compliance with the Children’s Online Privacy Protection Act (“COPPA”) and as further described in our Privacy Policy. If you are between 13 and 18 years old, you must have permission from a parent, guardian, or authorized school official to use the Website. Children’s privacy protections (COPPA) apply to all users under 13.
  • Authorized Users: If you use the Website on behalf of a school or organization (for example, as a teacher or administrator), you represent and warrant that you have full authority to act on behalf of that entity. You must follow all rules and regulations of your school or organization.
  • Account Responsibility: You may need to create an account on the Website to access certain features. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Immediately notify us if you suspect unauthorized use of your account.

2. Privacy

We comply with relevant state and federal privacy laws as required.

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

When Frogtummy processes student personal information on behalf of a school, such processing is governed by Frogtummy’s agreement with the school and any applicable data protection addendum or student data privacy agreement. In those cases, Frogtummy acts as a service provider or school official (as applicable under law) and processes such information only on the school’s documented instructions. Schools may request a copy by contacting us.

3. Intellectual Property Rights and License

  • Frogtummy Content: All content provided by the Company (including text, graphics, logos, audio, video, and software) (“Frogtummy Content”) is owned by Frogtummy or its licensors and is protected by U.S. and international intellectual property laws. The Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website solely for personal and educational, noncommercial purposes, consistent with these Terms. Any rights not expressly granted are reserved by the Company.
  • Restrictions: You agree not to copy, reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit Frogtummy’s Content except as expressly authorized by these Terms of Use. For example, you may download or print one copy of portions of the Website for your personal, educational use only. You may not use Frogtummy Content or trademarks or logos without our prior written permission.
  • User Content License: Any User Content (defined below) you upload or post is governed by Section 4 below. The Company does not claim ownership of User Content, but you grant the Company and its successors a worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, perform, and otherwise exploit your User Content solely as necessary to operate, maintain, secure, and improve the Website and related services, and in accordance with our Privacy Policy.

    Notwithstanding the foregoing, User Content that contains student personal information will not be used for advertising or marketing and will be processed only on behalf of and under the direction of the applicable school, and only in de-identified or aggregated form for service improvement where feasible, unless the school provides express written authorization otherwise.

4. Prohibited Conduct and User Content Standards

For purposes of these Terms of Use, “User Content” means any text, images, audio, video, files, data, information, feedback, suggestions, and other materials that you submit, post, upload, transmit, or otherwise make available on or through the Website, excluding Frogtummy Content. You retain ownership of your content. You grant Frogtummy Enterprises, Inc., a non-exclusive, worldwide, royalty-free, sublicensable license to use, host, store, reproduce, modify, distribute, publish, publicly perform, publicly display, and create derivative works from your content as needed to operate, maintain, secure, and improve the Website and our services. You represent that you have the rights necessary to grant this license and that your content complies with these Terms of Use.

User Content that includes student personal information will not be used for advertising or marketing and will be processed only as a service provider on behalf of the applicable school.

  • General Prohibitions. You agree not to use the Website to post or transmit any material that: violates any law (federal, state, local, or international), including export laws; infringes any third party’s intellectual property, privacy, publicity, or other rights; is unlawful, harassing, defamatory, abusive, obscene, sexually explicit, hateful, or otherwise objectionable; contains viruses, malware, or any other harmful code; is false, deceptive, or misleading; or promotes illegal activities or anything that could endanger the health or safety of others. You also agree not to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
  • Spam and Unauthorized Contact. You must not use the Website to send unsolicited advertising or promotional materials (“spam”) or to harvest email addresses or other users’ information.
  • Security Violations. You must not attempt to gain unauthorized access to the Website, the Company’s systems, or other users’ accounts, and you may not interfere with the functioning of the Website (for example, through hacks, denial-of-service attacks, scraping, or automated bots).
  • User Content Standards. All User Content must comply with applicable laws and the above prohibitions, and must not be defamatory, libelous, abusive, or otherwise harmful; contain nudity or pornography; be misleading, false, or fraudulent; promote violence or hate; or solicit or collect personal information from minors under 13.
  • Removal of Content. The Company reserves the right (but is not obligated) to remove or refuse to display any User Content that violates these standards or could create legal liability. We do not pre-screen all content, and we are not responsible for third-party postings.

5. Monitoring and Enforcement; Account Security

We have the right, but not the obligation, to monitor use of the Website and enforce these Terms of Use. We may delete or disable content that violates these Terms of Use or is otherwise objectionable, and we may suspend or terminate users for any violation. We do not guarantee any specific response time to complaints or removal requests and have no liability for failing to remove or for acting on any content. We are not liable if the Website is unavailable at any time or for any period. To use certain features, you may need to create an account and provide accurate, current, and complete information, and you are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account. Notify us promptly of any unauthorized access to your account. We may disable or terminate accounts in our discretion if we believe these Terms of Use have been violated.

6. Links and Third-Party Content

The Website may include links to third-party websites or resources (“External Links”) for your convenience. The Company does not endorse and has no control over these external sites and disclaims all liability arising from your use of any third-party websites or resources. Accessing External Links is at your own risk and is subject to the terms of use and privacy policies of the linked sites. You may link to the Company’s homepage and social media content, provided that it is not done in a misleading or damaging way and does not imply endorsement without our consent, and you must not frame, deep link, or use any trademarks without permission; we may disable linking features at any time.

7. Purchases; Payments

If any portion of the Website offers goods, services, or subscriptions for purchase, such transactions are subject to our Terms of Sale (if any) and are governed by applicable consumer protection laws. Payment terms will be clearly disclosed before you complete a purchase, and the Company does not guarantee availability of any paid features unless you have paid the required fees.

  • Auto-Renewal Subscriptions. Certain products and services offered through the Website may be made available on an auto-renewal basis. If you sign up for an auto-renewal order or subscription, your subscription will automatically renew at the end of each applicable billing period and you will continue to receive the applicable purchase until you cancel. By enrolling in an auto-renewal subscription, you authorize the Company to charge your payment method on a recurring basis at the then-current rate for the applicable product or service. You will be notified of any changes to the renewal price in advance of your next billing cycle. All fees paid are non-refundable except as required by applicable law or as expressly stated in these Terms of Use.
  • Cancellation. You may cancel your auto-renewal subscription at any time; however, in order to avoid charges for the next billing period or shipment, you must cancel at least three (3) business days before your next scheduled shipment or renewal date. Cancellations received after this deadline will take effect at the end of the then-current billing period, and no refund will be issued for that period. You may cancel through either of the following methods: (a) logging in to your online portal and managing your subscription settings; or (b) emailing the applicable school at the contact address provided at enrollment. Cancellation requests are not effective until confirmed by the Company or the applicable school. Following cancellation, you will retain access to the applicable service through the end of the paid billing period.

8. Refunds

Refunds for purchases made directly through the Website are governed by the terms set forth in these Terms of Use, including the cancellation and auto-renewal provisions described above. If you have any questions or concerns regarding a refund, you can contact your school directly or contact us at info@frogtummy.com or through the contact methods listed in Section 19 below, and we will ensure to connect you with the entity that billed you directly. Please note that schools and other third-party organizations may independently use the Company platform to offer their own products, services, or subscriptions. Any refund requests arising from transactions with such third parties must be directed to the applicable school or organization. The Company is not responsible for, and expressly disclaims all liability with respect to, the refund policies or practices of any school or third party using the platform

9. Disclaimers of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE LAST SIX MONTHS FOR THE APPLICABLE SERVICE OUT OF WHICH LIABILITY AROSE. IN NO EVENT WILL PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

11. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Content, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

12. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, in each case located in the City of Salt Lake and County of Salt Lake, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Electronic Communications and Notices

When you visit the Website, send us emails, or use messaging features, you are communicating with us electronically. You consent to receive communications from us electronically and agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. We may provide notices by posting to the Website, by email to the address associated with your account, or by mail to your mailing address.

14. SMS Terms

If you enroll in our SMS program, you agree to receive recurring automated including informational, transactional, customer care, and, where applicable, promotional messages related to school activities and events text messages where permitted by applicable law and school policies. Consent is not a condition of use of the Website. Message and data rates may apply and message frequency varies. You can reply STOP to cancel and HELP for help. Carriers are not liable for delayed or undelivered messages. You represent that you are the account holder or have permission of the account holder for the mobile number provided.

a. Consent and Opt-In
  • How to Opt In: Parents may opt in through any of these methods:
  • Unique School Opt-In URL: Each school gets a custom web link where parents can sign up for all school texts
  • Frogtummy Account Registration: Parents who create a Frogtummy account can toggle SMS preferences (e.g. yes/no for emergencies or events). Upon signup, Frogtummy sends a confirmation text to verify the number.
  • System Import Invitations: When a parent’s number is added or updated in the school’s SIS or Inbox system, Frogtummy automatically sends an invite SMS asking them to confirm subscription (e.g. reply “Y”). This invitation is the only auto-initiated text before opt-in; no further messages are sent until consent is received.
  • Lottery Application: Submission of a Frogtummy-sponsored lottery application automatically opts the parent into both regular and emergency school texts, per current practice.
  • Text Keyword (START): A parent can text the keyword START to the school’s Frogtummy SMS number. If Frogtummy matches that phone to an authorized custodial parent record, the system will reply with a confirmation.
b. Emergency Alerts
  • Exempt from Opt-In: Under FCC Declaratory Ruling 16-88 (2016), automated health/safety alerts are exempt from the TCPA’s consent requirement. Consistent with this, Frogtummy automatically treats all enrolled custodial parents as opted-in for emergency messages related to student safety.
  • Content & Format: Emergency texts are prefixed with “EMERGENCY:” and may be longer (Frogtummy allows 320 characters for critical alerts). They are sent via short code or dedicated long code.
  • Emergency Opt-Out: Parents may opt out of emergency alerts by replying STOP to any emergency text. The system will confirm the opt-out and block all future messages from that school. Parents can resubscribe by replying START (text START to the same number) or by adjusting their Frogtummy preferences.
c. Opt-Out Procedure
  • Every text message will include opt-out instructions, e.g. “Reply STOP to unsubscribe.” This follows FCC/CTIA guidelines and is standard industry practice. When a parent replies STOP, Frogtummy immediately removes them from the school’s SMS list and sends a confirmation.
  • Parents who stop messages can re-opt in at any time by using the opt-in methods above (e.g. texting START). A HELP (or HELP1) reply will yield instructions.
  • Alternatively, parents can manage SMS consent via the Frogtummy portal (Contact Preferences) by enabling/disabling texts. No further messages will be sent to numbers that have been unsubscribed or blocked by the carrier.

15. Copyright Policy and DMCA

We respect intellectual property rights and will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe your work has been copied in a way that constitutes copyright infringement, please send a notice that includes your contact information, identification of the copyrighted work and allegedly infringing material, a statement of good-faith belief that use is not authorized, a statement under penalty of perjury that the information is accurate and that you are the copyright owner or authorized to act on the owner’s behalf, and your physical or electronic signature. We will terminate accounts of repeat infringers in appropriate circumstances. If you believe your content was removed or disabled by mistake or misidentification, you may send a counter-notice to the same agent that includes the required statements and your consent to jurisdiction of the appropriate federal district court.

16. Security and Technical Requirements

We cannot guarantee that the website or files available for download are free from viruses or other harmful components. You are responsible for implementing procedures to satisfy your requirements for antivirus protection and data accuracy and for maintaining a means external to the website for reconstruction of any lost data.

17. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

18. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Frogtummy Enterprises, Inc., regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

19. Your Comments and Concerns

This Website is operated by Frogtummy Enterprises, Inc., PO Box 491, Kaysville, UT 84037, USA
If you have any questions about these Terms of Use, you can contact us:
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