Terms of Service

Starter draft, not legal advice. This has not been reviewed by an attorney. A lawyer licensed in [GOVERNING LAW STATE] should review it before it is relied on. Every [BRACKETED PLACEHOLDER] still needs to be filled in.

Effective date: [EFFECTIVE DATE]. Last updated: [LAST UPDATED DATE].

1. About these terms

These Terms of Service ("Terms") are an agreement between you and [COMPANY LEGAL NAME], a [ENTITY TYPE AND STATE OF FORMATION] ("Trailhead," "we," "us"), and govern your use of the Trailhead Financial website at https://trailheadfi.com, web app, and mobile apps (the "Service"). By creating an account, accepting an invitation, submitting a reimbursement request, or otherwise using the Service, you agree to these Terms and to our Privacy Policy at https://trailheadfi.com/privacy. If you do not agree, do not use the Service.

If you set up Trailhead for a Scouting unit, you confirm that you are authorized by the unit (for example, by its committee chair or chartered organization representative) to do so, and these Terms bind both you and the unit.

In short: Trailhead helps your troop keep its books. You stay in charge of your unit's money and records; we provide the software.

2. Who can use Trailhead

• You must be at least 18 years old to create an account or submit a reimbursement request.
• A unit may give limited, view-only access to a scout aged [13] or older only with a parent or guardian's permission. Children under 13 may not use the Service.
• The Service is intended for Scouting units and similar youth organizations in the United States.
• Trailhead is independent and is not affiliated with, sponsored by, or endorsed by Scouting America, any local council, or any chartered organization. "Scouting America," "Boy Scouts of America," "Scouts BSA," and related names are trademarks of their owners and are used only to describe who the Service is for.

3. What Trailhead is — and what it is not

Trailhead is a record-keeping and reporting tool. It is not a bank, money transmitter, escrow service, accountant, auditor, tax preparer, or legal or financial adviser.

• Trailhead does not hold, move, or safeguard your unit's money. Your unit's funds stay in your unit's own bank account(s).
• Balances, budgets, and reports in Trailhead reflect only what users enter. They are not a substitute for bank statements, reconciliation, or an audit.
• Nothing in the Service is tax, legal, accounting, or financial advice. Questions such as whether individual scout accounts are permitted, how fundraiser proceeds may be used, or what tax filings your unit or chartered organization needs should go to your chartered organization, local council, or a qualified professional.

4. Your unit's responsibilities

Your unit and its leaders are responsible for how the unit uses the Service, including:

• Accuracy: entering complete and accurate information and reconciling Trailhead records with the unit's bank statements regularly.
• Financial controls: following your chartered organization's and Scouting America's financial policies, including two-person (two-deep) control over money, approval of reimbursements by someone other than the requester, and regular review by the unit committee. Trailhead's approval steps and audit log support these controls but do not replace them.
• Access management: inviting only authorized adults, assigning appropriate roles, and promptly removing access when someone leaves a position. During treasurer transitions, the outgoing treasurer should export records and the committee should confirm the hand-off.
• Parents and scouts: telling parents and guardians what information the unit keeps about their scouts in Trailhead, obtaining any required consent (including verifiable parental consent under COPPA where it applies), and responding to parent requests to review or delete their child's information.
• Data minimization: entering only the scout information the Service asks for, and never entering scouts' dates of birth, addresses, health information, Social Security numbers, photos, or full card or bank account numbers in any field, note, or upload.
• Legal compliance: complying with laws that apply to the unit, including tax, fundraising, raffle, and charitable solicitation rules.
• Keeping your own copies: exporting records regularly. Trailhead is not your unit's only official record.

5. Accounts and security

Keep your password confidential, use multi-factor authentication if available, and do not share accounts. You are responsible for activity under your account. Tell us promptly at [email protected] if you suspect unauthorized access. If unit leaders disagree about who controls a unit account, we may rely on the direction of the unit's committee chair or chartered organization representative, and we may suspend access until the dispute is resolved.

6. Reimbursement links

Units can share a link that lets adults submit reimbursement requests. Submitters confirm that the information and receipts they provide are true and that the expense was incurred for the unit. Submitting a request does not guarantee payment. Approval and payment decisions belong entirely to the unit. Trailhead is not responsible for a unit's decision to approve, deny, or delay a reimbursement.

7. Your data

• Ownership: your unit owns the records it puts into Trailhead ("Unit Data"). We claim no ownership of it.
• Our permission to use it: you give us permission to host, copy, process, display, and transmit Unit Data only as needed to provide, secure, support, and improve the Service, and as described in our Privacy Policy. We may create aggregated, de-identified statistics that do not identify any person or unit.
• Export: unit administrators can export Unit Data at any time while the account is active and for [NUMBER, e.g., 90] days after it closes.
• Deletion and retention: we delete Unit Data as described in our Privacy Policy.

8. Acceptable use

You agree not to:

• use the Service for anything unlawful, fraudulent, or deceptive, including hiding the misuse of unit funds;
• enter information about people without authority to do so, or enter sensitive information the Service does not ask for;
• upload malware, probe or break security, scrape the Service, or overload our systems;
• access another unit's data or try to get around permissions;
• use the Service to contact scouts directly, or in any way that conflicts with youth protection practices; or
• resell, copy, or reverse engineer the Service, except as the law expressly allows.

9. Fees

[OPTION A: The Service is currently provided free of charge. We will give at least [NUMBER, e.g., 30] days' notice before introducing fees, and you can export your data and close your account before any fee applies.] [OPTION B: Subscription fees are listed at [PRICING URL]. Fees are billed in advance, are non-refundable except where required by law, and may change with at least [NUMBER] days' notice.]

10. Online payments (future feature)

Trailhead does not currently process payments. If we add the ability for parents or others to pay a unit online, or for units to pay us by card, these additional terms will apply:

• Payments will be processed by a third-party payment processor such as [PAYMENT PROCESSOR NAME, e.g., Stripe]. To receive payments, your unit may need to accept the processor's terms (for example, the Stripe Connected Account Agreement) and complete its identity verification. The processor's terms will govern payment processing.
• Funds will move between payers, the processor, and the unit's own bank account. Trailhead will not hold funds.
• The unit is responsible for its refunds, disputes, and chargebacks, and for any processing fees, as disclosed before you turn on payments. [PLATFORM FEE, IF ANY]
• Payments may be made only by adults, and only for legitimate unit purposes allowed by the unit's chartered organization and Scouting America policy.
• We will update these Terms and notify unit administrators before online payments become available. Payment features will be optional.

11. Our intellectual property

The Service, including its software, design, and content (other than Unit Data), belongs to [COMPANY LEGAL NAME] and its licensors. We give you a limited, non-exclusive, non-transferable right to use the Service for your unit's purposes under these Terms. If you send us feedback or suggestions, we may use them without obligation to you.

12. Third-party services

The Service may link to or integrate with services we do not control, such as email providers, bank feeds, or payment processors. Your use of them is governed by their own terms, and we are not responsible for them.

13. Changes to the Service and to these Terms

We may add, change, or remove features. If we remove a major feature or shut down the Service, we will give at least [NUMBER, e.g., 60] days' notice when we reasonably can, so you can export your data. We may update these Terms; for material changes we will notify unit administrators at least [NUMBER, e.g., 30] days in advance. Continuing to use the Service after changes take effect means you accept them.

14. Ending your use

• You can stop using the Service and close your account at any time.
• We may suspend or close an account if you materially breach these Terms, if required by law, or to protect users, scouts, or the Service. Unless the situation is urgent or legally restricted, we will give notice and a chance to export Unit Data.
• Sections that by their nature should continue (such as data ownership, disclaimers, limits on liability, indemnity, and dispute terms) survive after the account ends.

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CALCULATIONS OR REPORTS WILL BE FREE OF ERRORS CAUSED BY INCOMPLETE OR INCORRECT DATA, OR THAT THE SERVICE WILL MEET ANY ACCOUNTING, TAX, OR AUDIT REQUIREMENT.

16. Limits on our liability

TO THE EXTENT ALLOWED BY LAW: (A) WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST FUNDS, OR LOST DATA; (B) WE ARE NOT RESPONSIBLE FOR LOSSES CAUSED BY THE MISUSE, THEFT, OR MISMANAGEMENT OF UNIT FUNDS BY ANY PERSON, BY INACCURATE INFORMATION ENTERED BY USERS, OR BY A UNIT'S APPROVAL DECISIONS; AND (C) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOUR UNIT PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR [LIABILITY CAP AMOUNT, e.g., US $100]. These limits do not apply where the law does not allow them, such as for gross negligence or willful misconduct in some states.

17. Indemnity

To the extent allowed by law, you and your unit agree to defend and hold harmless [COMPANY LEGAL NAME] and its team from claims by third parties arising from Unit Data you provide without proper authority, your violation of these Terms or the law, or the handling of unit funds. [LAWYER TO CONFIRM: whether an indemnity from volunteer users is appropriate and enforceable, and whether to limit it to the unit or chartered organization.]

18. Disputes and governing law

These Terms are governed by the laws of the State of [GOVERNING LAW STATE], without regard to conflict-of-law rules. Before filing any claim, please contact us at [email protected] so we can try to resolve it informally within 30 days. Any lawsuit must be brought in the state or federal courts located in [COUNTY AND STATE FOR VENUE], except that either party may bring an individual claim in small claims court. [LAWYER TO DECIDE: whether to add a binding arbitration clause and class-action waiver (with an opt-out window), as many competitors do, or keep court resolution for simplicity.]

19. General

• These Terms and the Privacy Policy are the entire agreement between you and us about the Service.
• If any part is found unenforceable, the rest stays in effect.
• Our failure to enforce a provision is not a waiver.
• You may not transfer these Terms without our consent; we may transfer them in connection with a merger or sale of the business, with notice to you.
• We are not responsible for delays caused by events beyond our reasonable control.
• You agree that we may send notices electronically to the email address on your account or in the app.

20. Contact us

[COMPANY LEGAL NAME]

[MAILING ADDRESS]

Email: [email protected]

Website: https://trailheadfi.com

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