TERMS OF SERVICE

1. Acceptance; Binding Agreement

These Terms of Service ("Terms") govern your access to and use of Dargan’s mobile applications, websites, dashboards, notifications, and related services (collectively, the "Services"). By creating an account, signing in, tapping "Continue," "Sign Up," "Log In," "Continue with Apple,"

"Continue with Google," or a similar button, or otherwise accessing or using the Services, you confirm you have read, understood, and agree to be bound by these Terms. Where the Services display a notice such as "By continuing, you agree to our Terms of Service and Privacy Policy," you agree that your action to continue constitutes your electronic acceptance of these Terms and the Privacy Policy.

If you do not agree, do not use the Services. If you use the Services on behalf of another person or entity, you represent that you have authority to bind them to these Terms.

2. Parties and Roles

These Terms apply to:

• Parents/Guardians ("Parents"): adults authorized to access student-related information and manage pickup workflows.
• Drivers ("Drivers"): adults authorized by a Parent and/or the School to participate in pickup workflows.
• chool / School Authority ("School"): the participating school or authority that enables the Services for its community.

References to "Student" mean a minor student associated with a School record, as configured by the School and permitted by the Parent.

3. Purpose; No Replacement of School Supervision or Official Records

The Services assist administrative coordination (for example, visibility into attendance and pickup workflows) as configured by the School. The Services do not replace School supervision, School policies, or official recordkeeping. Where there is any discrepancy, the School’s official records, instructions, and release procedures govern.

4. Not an Emergency Service; No Safety Guarantee

The Services are not a substitute for supervision and are not designed or intended to provide emergency services, dispatch, traffic control, or physical safety monitoring. You must not use the Services as the sole method to confirm a Student’s location, safety, or release.

5. Eligibility; Account Security; OTP

You must be an adult with legal capacity in your jurisdiction to create an account. You are responsible for maintaining the confidentiality of your credentials and any one-time passcodes (OTP). You are responsible for all activity under your account and for securing your device. Notify Dargan promptly if you suspect unauthorized access.

6. Parent Responsibilities (Including Driver Authorization)

Parents are solely responsible for selecting, authorizing, and managing Drivers, and for verifying a Driver’s identity, licensing, insurance, suitability, and authority to pick up a Student. Unless expressly stated in a separate written agreement, Dargan does not perform background checks on Drivers.

Parents are responsible for ensuring pickup arrangements comply with School rules (including authorized pickup lists, release procedures, and any identity verification required by the School).

7. Driver Responsibilities; Distracted Driving; Compliance

Drivers must comply with all applicable laws, School procedures, and these Terms. Drivers must not use the Services in a manner that distracts from safe operation of a vehicle. Drivers must park safely and legally before interacting with the Services.

You agree you will not hold, view, type, scroll, or otherwise interact with the Services while driving, except where permitted by law and safe (for example, when fully stopped and legally parked).

8. Safety at Pickup Areas; Meeting Points

Safety is a shared priority. Parents and Drivers acknowledge and agree that they are responsible for using designated safe parking zones; remaining attentive to traffic, weather, and surroundings; supervising Students as appropriate; and keeping eyes on the road and surroundings rather than on smart devices.

If a Student uses a smartwatch feature, Parents/Drivers should instruct Students to review parking or meeting information only in a safe location, then walk heads up and attentive. The Services do not provide traffic control, supervision, or safety guarantees.

9. Attendance, Pickup Status, and Notifications Are Not Guaranteed

Attendance data, pickup states, and notifications may be delayed, incomplete, duplicated, or inaccurate due to factors including device battery, connectivity, interference, configuration, School workflow, human error, or third-party services. The Services must not be used as the sole source of truth for Student presence, release, or safety status.

To the maximum extent permitted by law, Dargan is not responsible for claims arising from missing or inaccurate attendance/pickup records or notifications, whether due to human error, technical issues, or third-party failures.

10. Communications; Notification Channels; School and User Preferences

The Services may generate operational notices and service communications relating to attendance, pickup status, driver updates, school announcements, safety reminders, and account/security events (collectively, “Service Messages”).

Channels. Service Messages may be delivered through one or more of the following channels, depending on availability, School configuration, and your settings:

• push notifications (to your device);
• SMS / text message (to your mobile number);
• WhatsApp messaging (where enabled); and/or
• email (to your email address).

School controls and user controls. Schools may configure which Service Messages are sent, their timing, and which channels are enabled/disabled at the School level. Where the app offers user preferences, you may be able to turn certain categories of Service Messages on or off; however, Schools may require certain operational or safety-related notices to remain enabled to support the School’s program.

No guarantee. Delivery of Service Messages is not guaranteed and may be delayed, filtered, or blocked due to carrier/network conditions, device settings, third-party messaging services, or configuration. Do not rely on Service Messages as the sole basis for decisions regarding a child’s whereabouts or safety.

Messaging providers and fees. Mobile carriers and messaging platforms may apply fees (such as SMS/text charges or data charges). You are responsible for any such fees. For WhatsApp, you must maintain an eligible WhatsApp account and comply with applicable WhatsApp/Meta terms and policies.

Opt-out. Where supported, you may manage preferences in the app, disable push notifications in your device settings, or follow opt-out instructions that may appear in messages (for example, replying STOP for certain SMS programs). If you opt out or disable messages, you may miss important Service Messages. Certain account/security and legally-required notices may still be sent where permitted.

11. Location Features (If Enabled)

Location information (including geofences, GPS, Bluetooth/RFID proximity events, and map views) is provided for convenience only and may be approximate, delayed, or incorrect. Location features may be disabled by you or by the operating system, and may not work in all environments.

You acknowledge location features are not designed as a child safety monitoring solution and do not guarantee safe pickup, supervision, or real-time accuracy.

12. Acceptable Use; Prohibited Conduct

You must not:

• attempt unauthorized access to the Services or School data;
• probe, scan, test, or bypass security;
• introduce malware or disrupt networks;
• misuse location features to stalk, harass, or unlawfully monitor any person;
• use the Services for unlawful purposes or in violation of School rules;
• reverse engineer or attempt to extract source code except where prohibited by law.

13. Third-Party Services and Infrastructure

The Services rely on third parties (for example, iOS/Android operating systems, device manufacturers, network carriers, mapping services, push notification services, and cloud providers). Dargan uses AWS and Google Cloud to host and operate the Services. Outages or failures may occur outside Dargan’s reasonable control.

14. Platform and Store Terms (Apple App Store, Google Play, Samsung Galaxy Store)

If you download or access the Services through the Apple App Store, Google Play Store, Samsung Galaxy Store, or any other marketplace (each, a "Store"), additional terms apply:

• Store rules. Your use must comply with the Store’s applicable terms, policies, and usage rules.
• No Store responsibility. To the maximum extent permitted by law, the Store is not responsible for the Services, their content, or support, and any claims relating to the Services are solely between you and Dargan.
• Public privacy links. Stores may require a publicly accessible Privacy Policy URL and may allow a separate Privacy Choices URL describing data controls and deletion.

Apple Standard EULA. If you obtain the iOS version through the Apple App Store, your use of the app is also subject to Apple’s Licensed Application End User License Agreement ("Apple Standard EULA") unless Dargan provides a custom EULA through App Store Connect.

No conflict. These Terms supplement (not replace) the Apple Standard EULA. If there is a direct conflict solely regarding iOS app usage rules or licensing, the Apple Standard EULA governs to the extent of that conflict.

14A. Apple iOS Additional Terms (Minimum EULA Provisions)

If you access the iOS version via the Apple App Store, the following provisions apply and are intended to be interpreted consistently with the Apple Standard EULA:

• Acknowledgement. These Terms are between you and Dargan only, and not Apple. Apple is not a party to these Terms except as a third-party beneficiary where applicable.
• Maintenance and support. Dargan (not Apple) is responsible for maintenance and support of the Services, if any.
• Product claims. Dargan (not Apple) is responsible for addressing end-user claims relating to the iOS app to the extent required by law.
• Intellectual property claims. Dargan (not Apple) is responsible for claims that the iOS app infringes third-party intellectual property rights to the extent required by law.
• Export controls. You agree to comply with applicable export laws and represent you are not on a restricted party list or located in an embargoed jurisdiction.
• Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and may enforce them against you as a third-party beneficiary.

15. Privacy Policy; Consent

Dargan’s Privacy Policy is available at https://dargan.ca/privacy. The Privacy Policy is incorporated by reference into these Terms. If you do not agree with the Privacy Policy, do not use the Services.

16. Security; No Absolute Guarantee

Dargan uses safeguards designed to protect information; however, no system is perfectly secure. You acknowledge that unauthorized access, hacking, malware, or third-party attacks may occur despite safeguards.

17. Disclaimer of Warranties

to the maximum extent permitted by law, the services are provided "as is" and "as available." dargan disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

18. Assumption of Risk; Release (Pickup Areas)

To the maximum extent permitted by law, you assume all risks arising from your use of pickup coordination, meeting point features, or location features, including risks associated with traffic areas, parking lots, and roadside environments. You acknowledge Dargan does not control physical environments and does not assume supervision duties.

19. Indemnity

You agree to indemnify and hold harmless Dargan, its directors, officers, employees, contractors, and service providers from and against claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from or related to: (a) your breach of these Terms; (b) your misuse of the Services; (c) your violation of School rules or applicable law (including distracted driving); (d) your unsafe pickup conduct or failure to supervise; and/or (e) your authorization or conduct relating to Drivers—except to the extent caused by Dargan’s gross negligence or willful misconduct where such liability cannot be excluded.

20. Limitation of Liability (IMPORTANT)

To the maximum extent permitted by law: (a) dargan will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of data, profits, revenue, goodwill, or business interruption; and (b) dargan’s total aggregate liability for any claim arising out of or relating to the services will not exceed the greater of cad $100 or the amounts you paid (if any) for the services in the 12 months before the event giving rise to the claim.

Nothing in these Terms limits rights or remedies that cannot be excluded under applicable law.

21. Suspension; Termination

Dargan may suspend or terminate access if we reasonably believe there is fraud, security risk, misuse, legal non-compliance, or violation of School rules. The School may also restrict or revoke access pursuant to its policies. Dargan is not responsible for School access decisions.

22. Changes; Notice; Versioning

We may update these Terms from time to time. Updated versions will be posted via the Terms link in the Services. Where required, we will request renewed acceptance. We may retain records of acceptance (for example: version number, timestamp, and account identifier) for audit and compliance purposes.

23. Governing Law; Venue

These Terms are governed by the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, without regard to conflict of law principles. You agree to the jurisdiction of the courts located in Saskatchewan, unless mandatory law provides otherwise.